People v. Hampton

PRESIDING JUSTICE O’MALLEY

delivered the opinion of the court;

Defendant, Joseph Hampton, appeals the grant of the State’s motion to dismiss his petition for relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122 — 1 et seq. (West 2000)). The trial court held that the petition was untimely and that defendant had not alleged facts showing that the delay was not due to his culpable negligence (see 725 ILCS 5/122 — 1(c) (West 2000)). On appeal, defendant admits that the petition was untimely but argues that he pleaded facts that would establish that he was not culpably negligent. We…