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People v. Mack

Case Date: 11/27/2002
Court: 1st District Appellate
Docket No: 1-99-4213 Rel

SECOND DIVISION

December 10, 2002





No. 1-99-4213

 

THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
                   Plaintiff-Appellee, ) Cook County.
)
                             v. )
)
TERRANCE MACK, ) Honorable
) Michael B. Bolan,
                   Defendant-Appellant. ) Judge Presiding.

 

JUSTICE BURKE delivered the opinion of the court:

Defendant Terrance Mack appeals from an order of the circuitcourt summarily dismissing his "Motion for Reconsideration ofDenial of Postconviction Petition/Successive Petition for Relief"brought pursuant to the Post-Conviction Hearing Act (Act). 725ILCS 5/122-1 et seq. (West 1998). On appeal, defendant contendsthat procedural bars, such as untimeliness and the fact that thisis a successive postconviction petition, should not bar his claim,that his petition set forth the gist of a constitutional claimbased on newly discovered evidence showing his actual innocence,and that Public Act 83-942 (Pub. Act. 92-942, eff. November 23,1983) violates the single subject rule of article IV, section 8, ofthe Illinois Constitution (Ill. Const. 1970, art. IV,