People v. Spivey

Defendant, Ray C. Spivey, appeals from an order of the circuit court of Du Page County dismissing his successive postconviction petition. We affirm.

I. BACKGROUND

On August 27, 1994, a jury convicted defendant of attempt (aggravated criminal sexual assault) (Ill. Rev. Stat. 1989, ch. 38, par. 8—4) and home invasion (Ill. Rev. Stat. 1989, ch. 38, par. 12—11). The trial court later sentenced defendant to 15 years’ imprisonment for the attempt conviction and 45 years’ imprisonment for the home invasion conviction, with those sentences to be served consecutively.

On September 5, 1997, after we…