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PEOPLE v. MARINO

No. 2-08-0242.

927 N.E.2d 75 (2010)

397 Ill. App.3d 1030

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

Appellate Court of Illinois, Second District.

February 3, 2010.

Attorney(s) appearing for the Case

Robert J. Agostinelli and Melissa A. Maye (court appointed), Office of the State Appellate Defender, Ottawa, IL, for Joseph Marino.

Joseph E. Birkett, DuPage County State's Attorney, Wheaton, Lawrence M. Bauer, Deputy Director, David A. Bernhard, State's Attorney Appellate Prosecutor, Elgin, for People.

Justice McLAREN delivered the opinion of the court:

Joseph Marino appeals the trial court's dismissal of his petition under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2006)). The trial court found that the petition was untimely filed and that, because a discovery rule does not apply to postconviction actions, the late discovery of a claim that is not based on a change of law does not permit late filing under section 122-1(c) of the...

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