People v. Wofford

State: Illinois

Court: 5th District Appellate

Docket No: 5-08-0116 Rel

Case Date: 09/03/2009

Preview:NO. 5-08-0116
NOTICE Decision filed 09/03/09. The text of this decision may be changed or corrected prior to the filing of a Peti tion for Rehearing or th e

IN THE APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT ________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) St. Clair County. ) v. ) No. 94-CF-236 ) JESSIE WOFFORD, ) Honorable ) John Baricevic, Defendant-Appellant. ) Judge, presiding. ________________________________________________________________________ PRESIDING JUSTICE WEXSTTEN delivered the opinion of the court: The defendant, Jessie Wofford, appeals the St. Clair County circuit court's dismissal of his second amended postconviction petition during the second stage of his postconviction proceeding. The defendant contends that the State forfeited its statute-of-limitation

disposition of the same.

affirmative defense under section 122-1 of the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 (West 1998)) by not raising it in its original motion to dismiss. Because we find that the State raised the limitation defense at the appropriate time

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