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PEOPLE v. DEMITRO

No. 1-09-2104.

942 N.E.2d 20 (2010)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Dennis DEMITRO, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

December 17, 2010.

Attorney(s) appearing for the Case

Michael J. Pelletier , State Appellate Defender, Patricia Unsinn , Deputy Defender, Manuel S. Serritos , Assistant Appellate Defender, Office of the State Appellate Defender, for Appellant.

Anita Alvarez , State's Attorney of Cook County ( Alan J. Spellberg , Michelle Katz , Hareena Meghani-Wakely , Assistant State's Attorneys, of counsel), for Appellee.

Justice CAHILL delivered the opinion of the court:

Defendant Dennis Demitro appeals from the second-stage dismissal of his 2006 petition for relief under the Post-Conviction Hearing Act. 725 ILCS 5/122-1 et seq. (West 2008). On appeal, he contends that the circuit court erred in dismissing his petition for untimeliness and legal impossibility, where he established a lack of culpable negligence and the State waived the affirmative defense of nonretroactivity...

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