People v. Ross

Defendant Demetrius D. Ross appeals from an order of the circuit court dismissing his petition for postconviction relief on the ground of untimeliness. For reasons that follow, we reverse and remand for further proceedings.

BACKGROUND

Defendant was charged in four counts with the December 9, 1994, first degree murder and aggravated kidnaping (720 ILCS 5/9 — 1(a)(1), (a)(3), 10 — 2(a)(3), (a)(5) (West 1994)) of Hector Muriel. Following negotiations with the State, defendant pleaded guilty to felony murder. Pursuant to the plea agreement, the State would recommend a 60-year sentencing cap. The…