Defendant was convicted, after jury trial, of various offenses related to a 2002 shooting in a bank parking lot. Court erred in dismissing his pro se postconviction petition, at 2nd stage, as untimely. Defendant's affirmation under penalty of perjury made clear that it applied to all documents that he filed, and explicitly stated that it applied to "everything contained herein". Address was substantially correct; even though street address was not provided, the P.O. Box was, and the mistake in zip code was very slight; thus, his petition was timely filed. Defendant failed to make a substantial showing of a violation of his right to counsel, as he cannot show prejudice. No ineffective assistance of counsel, as his allegation of physical coercion in making of his statements is rebutted by the record. (ZENOFF and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Weapons