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PEOPLE v. WOFFORD

No. 5-08-0116.

914 N.E.2d 1228 (2009)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jessie WOFFORD, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

September 3, 2009.

Attorney(s) appearing for the Case

Michael J. Pelletier, State Appellate Defender, Gary R. Peterson, Deputy Defender, Judith L. Libby, Assistant Appellate Defender, Springfield, IL, for Appellant.

Robert Haida, State's Attorney, St. Clair County, Belleville, IL, Patrick Delfino, Director, Stephen E. Norris, Deputy Director, Jennifer Camden, Staff Attorney, Mt. Vernon, IL, for Appellee.

Presiding Justice WEXSTTEN delivered the opinion of the court:

The defendant, Jessie Wofford, appeals the St. Clair County circuit court's dismissal of his second amended postconviction petition during the second stage of his postconviction proceeding. The defendant contends that the State forfeited its statute-of-limitation affirmative defense under section 122-1 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 (West 1998)) by not raising it in its original...

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