People v. Evans

Illinois Appellate Court
Criminal Court
Jurisdiction
Citation
Case Number: 
People v. Evans
Decision Date: 
Monday, August 17, 2015
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated and remanded with instructions.
Justice: 
O'BRIEN
Defendant pled guilty to home invasion and was sentenced to 12 years. Court denied Defendant's motion for reconsideration of sentence, then appealed denial of motion three times, each time court remanding for compliance with Rule 604(d). Trial court's most recent denial of motion to reconsider sentence was void for lack of subject matter jurisdiction. Because trial court had not filed the mandate received from appellate court when trial court took action on motion, trial court had not yet been revested with jurisdiction over case.(HOLDRIDGE and WRIGHT, concurring.)