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PEOPLE v. NELSON

No. 2-87-0939.

182 Ill. App.3d 1071 (1989)

538 N.E.2d 1303

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT NELSON, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed May 12, 1989.

Attorney(s) appearing for the Case

G. Joseph Weller and Patrick M. Carmody, both of State Appellate Defender's Office, of Elgin, for appellant.

James E. Ryan, State's Attorney, of Wheaton (William L. Browers and Cynthia N. Schneider, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

Defendant, Robert Nelson, appeals from an order of the trial court granting the State's motion to dismiss his post-conviction petition. Defendant's sole appellate contention is that the trial court improperly dismissed his petition more than 30 days after he had filed it. We reverse and remand.

On September 12, 1979, a jury convicted...

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