People v. Scullark Modification of March 13, 2001, opinion upon denial of rehearing

SECOND DIVISION

October 30, 2001

No. 1-99-1722

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

Plaintiff-Appellee, ) Cook County.)

v. ))

SHERMAN SCULLARK, ) Honorable) Stanley Sacks,

Defendant-Appellant. ) Judge Presiding.

OPINION UPON DENIAL OF REHEARING

NATURE OF THE CASE

This appeal is from a summary dismissal of defendant (hereinafter "petitioner") Sherman Scullark's pro se post-conviction petition pursuant to section 122-2.1(a)(2) of the Post-Conviction Hearing Act (725 ILCS 5/122-2.1(a)(2)(West 1998) on the grounds that it was time barred and therefore did not require…