People v. Evans, 38 N.E.3d 541

Paul J. Evans III pleaded guilty to one count of home invasion in exchange for dismissal of other charges and was sentenced to 12 years with an 85% day-for-day requirement for great bodily harm.
Trial counsel filed a post-sentencing motion but initially failed to include the Supreme Court Rule 604(d) certificate; the trial court denied the motion and defendant appealed.
This court remanded repeatedly for strict compliance with Rule 604(d); counsel filed successive motions and certificates, but appellate briefs and the State identified ongoing certificate defects.
On August 21, 2014, this court issued a summary order remanding for Rule 604(d) compliance; the mandate was issued later and filed in the trial court on October 16, 2014.
Before the mandate was filed, the trial court (after receiving the mandate but before it was filed) conducted proceedings: directed counsel to file a new motion, received a new motion and Rule 604(d) certificate, denied the motion, and ordered a new notice of appeal.
The appellate court held that those actions taken before the mandate was filed were void for lack of subject matter jurisdiction and remanded for compliance with the August 21, 2014 mandate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to act before the appellate mandate was filed	The State argued defendant invited or consented to proceed and appellate remand is wasteful; judicial economy disfavors a fourth remand	Evans argued the trial court acted before the mandate was filed and thus lacked subject matter jurisdiction — actions were void	Court held the trial court lacked jurisdiction until the mandate was filed; pre-mandate actions were null and void and the case must be remanded for compliance with the mandate

People v. Smith, 228 Ill. 2d 95 (describing effects of a valid notice of appeal: divests trial court and vests appellate court)
People v. Adams, 36 Ill. 2d 492 (holding trial court lacks authority to proceed when appellate mandate recalled)
People v. Farnsworth, 31 Ill. App. 3d 771 (trial court acquires jurisdiction on date mandate is filed)
People v. Abraham, 324 Ill. App. 3d 26 (mandate vests trial court only to take action conforming to it)
People v. Henry, 329 Ill. App. 3d 397 (parties cannot revest jurisdiction in trial court by agreement)
People v. Bannister, 236 Ill. 2d 1 (lack of subject matter jurisdiction is not waivable)
People v. Shirley, 181 Ill. 2d 359 (court may, in discretion, refuse remand when remand would be empty formality)