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PEOPLE v. LAPOINTE

Nos. 2-04-0495, 2-04-0835.

850 N.E.2d 893 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Phillip E. LaPOINTE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 22, 2006.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien, Deputy Defender, and Paul J. Glaser (Court-appointed), Office of the State Appellate Defender, Elgin, for Phillip E. LaPointe.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, Mary Beth Burns, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, Phillip E. LaPointe, appeals a judgment denying him leave to file his second petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2004)). He contends that (1) because the trial court did not rule on his petition until more than 90 days after it was filed, the judgment must be reversed and the cause remanded for proceedings in accordance with...

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