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PEOPLE v. MONTGOMERY

No. 4-92-0167.

598 N.E.2d 400 (1992)

232 Ill. App.3d 1101

174 Ill.Dec. 203

The PEOPLE of the State Illinois, Plaintiff-Appellee, v. Wardell MONTGOMERY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

August 13, 1992.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, for defendant-appellant.

Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Linda Susan McClain, Staff Atty., Springfield, for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

Defendant Wardell Montgomery appeals from an order of the circuit court of Livingston County dismissing his petition for post-conviction relief because it was not timely filed. The post-conviction petition was notarized December 31, 1991, but not postmarked until January 4, 1992.

Effective January 1, 1992, section 122-1 of the Code of Criminal Procedure of 1963 was amended to provide as follows:

"No...

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