People v. Coleman

Illinois Appellate Court
Criminal Court
Appellate Jurisdiction
Citation
Case Number: 
2017 IL App (4th) 160770
Decision Date: 
Monday, November 27, 2017
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Appeal dismissed.
Justice: 
APPLETON

Defendant, who was convicted of unlawful delivery of cocaine after having prior conviction of unlawful delivery of a controlled substance, filed pro se motion for additional presentence credit, which trial court denied. Because Defendant failed to file a timely notice of appeal, appellate court lacks subject-matter jurisdiction. The final judgment in a criminal case is the entry of the sentence. Trial court entered 2nd amended sentencing judgment, and under Rule 606(b), Defendant had 30 days after that date to file either a motion directed against the judgment or a notice of appeal. Nunc pro tunc orders may be used to correct clerical errors, but may not be used to challenge a court's previous decision. (HARRIS and STEIGMANN, concurring.)