People v. Cruz

Defendant Jose Cruz appeals from an order of the circuit court of Cook County summarily dismissing his pro se petition for postconviction relief as untimely filed. Defendant contends that at the summary dismissal stage of postconviction proceedings, the trial court was not permitted to dismiss his petition on the basis of timeliness. He further asserts that he sufficiently demonstrated that his late filing was not due to his own culpable negligence. In a supplementary brief, he asserts that no matter what our decision may be with respect to the filing of his postconviction petition, the rule…