People v. Smith

Illinois Appellate Court
Criminal Court
Appeals
Citation
Case Number: 
2011 IL App (4th) 100430
Decision Date: 
Tuesday, October 11, 2011
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Judgment vacated; appeal dismissed.
Justice: 
TURNER
Defendant was convicted, after stipulated bench trial, of aggravated DUI, and was sentenced to 25 years imprisonment. Appellate court lacks jurisdiction over appeal, as Defendant's affidavit of service and proof of service, although verified, are not notarized, as Rule 12(b)(3) requires, and are thus insufficient to prove that Defendant's postjudgment motion was timely mailed. (POPE, concurring; COOK, dissenting.)