People v. Norton

Illinois Appellate Court
Criminal Court
Appellate Jurisdiction
Citation
Case Number: 
2015 IL App (2d) 130599
Decision Date: 
Thursday, February 19, 2015
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Appeal dismissed.
Justice: 
McLAREN
Defendant was convicted, after bench trial, of aggravated domestic battery. Court heard and denied his motion to reconsider sentence of imprisonment and restitution, and then heard and denied motion for new trial, after evidentiary hearing, ending on court's entry of denial. Trial court misadvised Defendant that the time in which he culd appeal was tolled when actually it was not tolled. Although Defendant's loss of his right to appeal was rooted in incorrect advice from the trial court, the appellate court lacks authority to disregard its lack of jurisdiction.(JORGENSEN and SPENCE, concurring.)