People v. Smith

FIRST DIVISION

February 2, 2004

No. 1-02-0883

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the) Circuit Court of

Plaintiff-Appellee, ) Cook County.)

v. ) No. 70 C 2047)

RICKY SMITH, ) Honorable) Mary Ellen Coghlan,

Defendant-Appellant. ) Judge Presiding.

Defendant Ricky Smith appeals from an order of the circuit court summarily dismissing his pro se petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2000)) on the grounds of untimeliness, res judicata and waiver. On appeal, defendant contends the circuit court improperly dismissed his petition as…