People v. Maclin

Illinois Appellate Court
Criminal Court
Post-Conviction Petitions
Citation
Case Number: 
2013 IL App (1st) 110342
Decision Date: 
Monday, December 16, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Holding: 
Appeal dismissed.
Justice: 
CUNNINGHAM
Defendant untimely filed appeal of dismissal of postconviction petition, as he addressed certificate of service as to his appeal to the State's Attorney, and not circuit clerk. If a notice of appeal is not mailed to the circuit clerk, then it is not filed with the clerk. Mailbox rule is not intended to apply to a notice not addressed to circuit clerk but is later gratuitously forwarded to clerk. (CONNORS and HOFFMAN, concurring.)