People v. Shaw 

Illinois Appellate Court
Criminal Court
Jurisdiction
Citation
Case Number: 
2014 IL App (2d) 121105
Decision Date: 
Wednesday, March 26, 2014
District: 
2d Dist.
Division/County: 
DeKalb Co.
Holding: 
Order vacated; motion dismissed.
Justice: 
ZENOFF
Defendant was convicted, after bench trial, of aggravated domestic battery, and filed a motion to reconsider 34 days after she was sentenced to 3 years probation. At hearing on motion Assistant State's Attorney said, "I don't have any argument." Defendant filed a notice of appeal on same day that court denied her motion to reconsider. Appellate court has jurisdiction only to vacate the trial court's denial of Defendant's motion, and to order the motion dismissed. Trial court was not revested with jurisdiction of Defendant's untimely motion to reconsider. (JORGENSEN and BIRKETT, concurring.)