PEOPLE v. MACRI

No. 2-10-0325.

962 N.E.2d 1125 (2011)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Geno F. MACRI, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied January 18, 2012.


Attorney(s) appearing for the Case

Thomas A. Lilien , Deputy Defender (Court-appointed), Jaime L. Montgomery (Court-appointed), Office of the State Appellate Defender, for Geno F. Macri.

Robert B. Berlin , Du Page County State's Attorney, Stephen E. Norris , Deputy Director, State's Attorneys Appellate Prosecutor, for People.


OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

¶ 1 At issue in this appeal is whether, when a defendant withdraws a postconviction petition and files a subsequent one more than one year later and beyond the limitations period, the refiled petition is to be treated as a new original petition where the trial court denies the defendant's motion to refile or reinstate the petition. We deem that it is not. Thus, we affirm.

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