People v. Merriweather

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 113789
Decision Date: 
October 15, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
CUNNINGHAM
Holding: 
Appeal dismissed.
Defendant entered negotiated guilty plea for aggravated unlawful use of a weapon. Rather than filing motion to withdraw his guilty plea, Defendant filed pro se notice of appeal in circuit court. Appeal is dismissed for failing to comply with mandates of Rule 604(d), which require filing motion to withdraw guilty plea prior to appealing judgment entered on negotiated guilty plea. Rule 606(a) permits filing of notice of appeal by either appellant, pro se, or his attorney. A defendant who pleads guilty and later defaults on procedural requirements of Rule 604(d) is not entitled to appointment of counsel to assist him in perfecting an appeal upon filing of a pro se notice of appeal per Rule 606(a). (CONNORS and HOFFMAN, concurring.)