People v. Conway

Illinois Appellate Court
Criminal Court
Postconviction Petitions
Citation
Case Number: 
2019 IL App (2d) 170196
Decision Date: 
Monday, June 17, 2019
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
SPENCE

Defendant was convicted, after jury trial, of armed robbery and sentenced to life imprisonment as a habitual criminal. Court properly denied leave to file a 2nd postconviction petition. State's participation in trial court's determination whether to grant leave, at the cause-and-prejudice stage, was improper, but Defendant failed to satisfy the cause-and-prejudice test. Defendant was tried within the original speedy-trial period, and State did not attempt to have the speedy-trial period run anew. (HUTCHINSON and SCHOSTOK, concurring.)