Defendant pled guilty to DUI, and was sentenced in absentia to 7 years. Almost a year later, he was arrested on an unrelated offense in Arkansas and was extradited to Illinois. Court dismissed his postconviction petition which alleged ineffective assistance of counsel. Defendant filed notice of appeal, and he then filed a motion to amend mittimus and motion requesting additional sentence credit. Court denied both motions, and Defendant filed notices of appeal. Defendants' motions were untimely requests to modify trial court's sentencing judgment, and thus sought relief beyond the "continuing power" possessed by the trial court. Thus, circuit court's orders denying motions were void, and appellate court is without jurisdiction to consider appeals of those orders.(HOLDER WHITE and DeARMOND, concurring.)
Illinois Appellate Court
Criminal Court
DUI