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PEOPLE v. SIMMONS

No. 1-06-3114.

903 N.E.2d 437 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dalmanic A. SIMMONS, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

February 20, 2009.

Attorney(s) appearing for the Case

Michael Pelletier, Deputy Defender, and Stephanie L. Horten, and Kathleeen M. Flynn, Assistant Appellate Defenders, Office of State Appellate Defender, Chicago, IL, for Appellant.

Richard A. Devine, State's Attorney, and James E. Fitzgerald, and Michele Grimaldi Stein, Assistant State's Attorneys, County of Cook, Chicago, IL; with the help of Omar Jaleel, (graduate of the John Marshall School of Law, and a Bar Taker in the Cook County State's Attorney's Office, Criminal Division), for Appellee.

Justice JOSEPH GORDON delivered the opinion of the court:

Defendant, Dalmanic A. Simmons, appeals from the circuit court's denial of leave to file his third successive petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2004)). For the reasons that follow, we affirm.

I. BACKGROUND

On December 8, 1990, defendant, who was 15 years old at the time, was arrested in connection with the armed robbery and...

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