People v. Smith

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 untimely. We affirm based on the trial court’s application of res judicata and waiver.

In October 1970, defendant pled guilty to aggravated battery and was sentenced to five years’ probation on the condition that he serve the first year in prison.…