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PEOPLE v. ROSS

No. 3-02-0828.

818 N.E.2d 738 (2004)

352 Ill. App.3d 617

288 Ill.Dec. 803

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Demetrius D. ROSS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

September 24, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller and Paul Alexander Rogers, Office of the State Appellate Defender, Elgin, for appellant.

Marshall E. Douglas, State's Attorney, Rock Island (Lawrence M. Bauer and Richard R. Leonard, State's Attorneys Appellate Prosecutor, of counsel), for the People.

Justice BARRY delivered the opinion of the Court:

Defendant Demetrius D. Ross appeals from an order of the circuit court dismissing his petition for postconviction relief on the ground of untimeliness. For reasons that follow, we reverse and remand for further proceedings.

BACKGROUND

Defendant was charged in four counts with the December 9, 1994, first degree murder and aggravated kidnaping (720 ILCS 5/9-1(a)(1), (3); 10-2(a)(3), (5) (West 1994)...

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