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People v. Diehl

Case Date: 11/15/2002
Court: 1st District Appellate
Docket No: 1-00-2626, 1-00-4203 cons. Rel

SIXTH DIVISION

November 15, 2002





Nos. 1-00-2626, 1-00-4203 consolidated

 

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
                  Plaintiff-Appellee, ) Cook County
)
       v. )
)
TIMOTHY DIEHL, ) Honorable
) Ralph Reyna,
                 Defendant-Appellant. ) Judge Presiding.
 

 

JUSTICE O'MARA FROSSARD delivered the opinion of the court:

Following a jury trial, defendant Timothy Diehl was convicted of burglary and sentenced asa Class X offender to an eight-year prison term. The judgment was affirmed on direct appeal. People v. Diehl, No. 1-99-1528 (2000) (unpublished order pursuant to Supreme Court Rule 23). Defendant thereafter filed a pro se petition to vacate the judgment of conviction and a pro se petitionfor post-conviction relief. In separate orders, the circuit court denied the petition to vacate thejudgment and summarily dismissed the post-conviction petition as frivolous and patently withoutmerit. In this consolidated appeal, defendant contends that his pro se post-conviction petitionpresented the gist of two constitutional claims of ineffective assistance of appellate counsel. Defendant also contends that Public Act 83-942, effective November 23, 1983, violates the singlesubject clause of the Illinois Constitution (Ill. Const. 1970, art. IV,