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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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