People v. Caraballo

PRESIDING JUSTICE HOLDRIDGE

delivered the opinion of the court:

We must determine whether we have jurisdiction to consider the defendant’s appeal of the trial court’s first-stage dismissal of her post-conviction petition as frivolous and patently without merit. The People contend that the appeal must be dismissed because the defendant filed her postconviction petition in the trial court after the expiration of the limitations period established by section 122—1(c) of the Post-Conviction Hearing Act (the Act) (725 ILCS 5/122—1(c) (West 1996)) and failed to allege any facts showing that the delay…