Opinion

People v. Brown

  • 3 Ill. App. 3d 1034
  • 280 N.E.2d 234
  • 1972 Ill. App. LEXIS 1927
Court
Appellate Court of Illinois
Filed
Feb 11, 1972
Status
Published
Author
English
On the bench
English
Cited by
2 cases
Authority
More cited than 96.0%

The opinion

Mr. JUSTICE ENGLISH delivered the opinion of the court:

While represented by counsel, defendant waived indictment and pleaded guilty to an information charging robbery. Judgment was entered on October 17, 1969, and defendant was sentenced to a term of three to five years.

The case was filed in this court on October 19, 1970, and defendant has attempted to raise a number of grounds for reversal, but the record discloses that he sought to perfect this appeal by filing a notice of appeal on December 2, 1969, 46 days after judgment. No extension of time was requested in the trial court or here.

Supreme Court Rule 606, Ill. Rev. Stat. 1969, ch. 110A, par. 606, provides that the notice of appeal must be filed within 30 days from the entry of the judgment appealed from. With exceptions not applicable to this case, the rule further states that no appeal may be taken from a trial court to a reviewing court after the expiration of that 30-day period. The same rule provides that no step other than the filing of the notice of appeal is jurisdictional, from which it follows that because of the 16-day delay in filing the notice of appeal, this court has not acquired any jurisdiction to consider defendant’s appeal in this case. (See People v. Nordstrom, 37 Ill.2d 270 , 226 N.E.2d 19 ; People v. Burnett, 45 Ill.2d 521 , 262 N.E.2d 477 .) The appeal is therefore dismissed.

Appeal dismissed.

LORENZ, P. J., and DRUCKER, J., concur.

SUPPLEMENTAL OPINION ON DENIAL OF PETITION FOR REHEARING

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.