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PEOPLE v. HAMPTON

No. 2-02-1130.

807 N.E.2d 1262 (2004)

283 Ill.Dec. 421

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph HAMPTON, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 13, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, Robert J. Agostinelli and Carrie B. Marche (Court-appointed), Office of the State Appellate Defender, Ottawa, for Joseph Hampton.

Timothy J. McCann, Kendall County State's Attorney, Yorkville, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Abdul-Hakim Shabazz, Springfield, for the People.

Presiding Justice O'MALLEY delivered the opinion of the court:

Defendant, Joseph Hampton, appeals the grant of the State's motion to dismiss his petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)). The trial court held that the petition was untimely and that defendant had not alleged facts showing that the delay was not due to his culpable negligence (see 725 ILCS 5/122-1(c) (West 2000)). On appeal, defendant...

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