Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Court entered 2nd-stage dismissal of his postconviction petition, without evidentiary hearing. Defendant made a substantial showing that he was not culpably negligent for untimely filing of his postconviction petition. Thus, court erred in dismissing petition as untimely. Defendant made a substantial showing of constitutional violations as to 2 issues in his petition: that his trial counsel was ineffective for failing to investigate his alibi witness, and that his appellate counsel was ineffective for failing to challenge his extended-term sentence of 50 years based on Apprendi. Case remanded for 3rd-stage evidentiary hearing on these 3 issues. (PIERCE and SIMON, concurring.)