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PEOPLE v. CRUZ

Docket No. 1-09-1944.

997 N.E.2d 264 (2013)

2013 IL App (1st) 091944

375 Ill. Dec. 261

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jose CRUZ, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 24, 2013.

Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , and Suzan-Amanda Ingram , all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , Miles J. Keleher , and Tracey Annen , Assistant State's Attorneys, of counsel), for the People.

OPINION

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

¶ 1 Defendant Jose Cruz appeals from the second-stage dismissal of his petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2010)). He contends that the circuit court erred in dismissing his petition where he lacked culpable negligence for its late filing and made a substantial showing that his right to due process was violated...

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