2015 IL App (5th) 130125
Ill. App. Ct.2015Background
- Sammy Moore, an inmate, was charged with aggravated battery; preliminary hearing held Sept 24, 2007, after information filed Aug 23, 2007; Moore objected that the hearing was untimely (beyond 30 days).
- Moore submitted to a stipulated bench trial on Nov 12, 2008; the trial court found him guilty (Moore did not stipulate that evidence was sufficient to convict) and sentenced him to two years to run consecutively.
- At sentencing the court gave admonitions appropriate to a guilty plea (Rule 605(b)/(c)) rather than the admonitions for conviction after trial (Rule 605(a)), instructing Moore he must first file a motion to withdraw his consent to the stipulated bench trial within 30 days to preserve appeal rights.
- Moore did not file a timely posttrial motion or notice of appeal. Years later (Jan 11, 2013) he filed a pro se petition for leave to file an untimely posttrial motion and notice of appeal, alleging counsel failed to file the appeal and that he relied on counsel.
- The trial court recharacterized/dismissed the filing as a postconviction-style pleading, denied relief for lack of jurisdiction (outside the 30-day window), and Moore’s motion to reconsider was denied. Moore appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court retained jurisdiction to grant leave to file an untimely posttrial motion/notice of appeal more than 30 days after sentence | State: trial court lacked jurisdiction because request was filed years after judgment and no timely postjudgment motion was filed | Moore: incorrect admonitions (Rule 605) and counsel’s failure to file appeal justify applying the admonition exception so court may hear the appeal | Held: No jurisdiction; admonition exception does not restore trial-court jurisdiction after 30 days; petition untimely and properly dismissed |
| Whether incorrect Rule 605(b)/(c) admonitions (instead of Rule 605(a)) permit relief via the admonition exception | State: admonition exception cannot extend time to appeal or restore jurisdiction where no timely notice of appeal was filed | Moore: faulty Rule 605(a) admonition deprived him of appeal rights; exception should apply | Held: Admonition exception (from Foster) does not extend trial-court jurisdiction after the 30-day window; it applies only where a timely notice of appeal was filed but a Rule 604(d) motion was omitted due to bad admonitions |
| Whether ineffective assistance (counsel’s failure to file notice of appeal) entitled Moore to leave to file late notice of appeal | State: ineffective-assistance claim could permit leave, but trial court lacked jurisdiction to adjudicate untimely Rule 606 relief; Moore rejected postconviction treatment | Moore: counsel knew he wanted to appeal but failed to file, depriving him of appeal | Held: The trial court lacked jurisdiction to grant relief on the untimely petition; Moore should have pursued postconviction petition to seek late notice of appeal but expressly rejected that route |
| Whether the trial court erred in recharacterizing/dismissing Moore’s pro se filing | State: recharacterization as postconviction was required because the filing was untimely; court may require refile with proper pleading | Moore: his filings were for leave to file untimely posttrial motion/notice of appeal, not postconviction relief | Held: Trial court acted properly; it lacked jurisdiction to entertain a late posttrial motion and correctly indicated postconviction petition was the available remedy |
Key Cases Cited
- People v. Foster, 171 Ill.2d 469 (1996) (admonition exception permits appellate review where defendant filed timely notice of appeal but failed to comply with Rule 604(d) due to faulty Rule 605 admonitions)
- People ex rel. Alvarez v. Skryd, 241 Ill.2d 34 (2011) (admonition exception cannot restore circuit court jurisdiction after 30 days from entry of judgment)
- People v. Ross, 229 Ill.2d 255 (2008) (trial court may allow late notice of appeal where counsel was ineffective for failing to file one)
- People v. Horton, 143 Ill.2d 11 (1991) (stipulated bench trial is treated as a trial-based conviction unless defendant stipulates evidence sufficiency, in which case it is tantamount to a guilty plea)
- People v. Bailey, 2014 IL 115459 (2014) (trial court jurisdiction to reconsider judgment generally expires 30 days after entry absent timely postjudgment motion)
- People v. Gunartt, 327 Ill. App.3d 550 (2002) (defendant must demonstrate diligent efforts to uncover grounds for relief when seeking to excuse untimely filings)