People v. Lopez

The other appellate districts are evenly divided on the issue we address in this case: Can a trial court summarily dismiss a postconviction petition where it finds the defendant failed to allege sufficient facts showing an untimely filing was not due to the defendant’s culpable negligence? We join those courts that have held the answer is yes.

Following a jury trial, defendant Allen Lopez was convicted of first degree murder and sentenced to 32 years in prison. We affirmed his conviction and sentence on direct appeal. People v. Lopez, No. 1—94—2736 (1996) (unpublished order pursuant to Supreme…