People v. Salem

Illinois Supreme Court PLAs
Criminal Court
Jurisdiction
Citation
PLA issue Date: 
March 25, 2015
Docket Number: 
Nos. 118693 & 118694 Cons.
District: 
3rd Dist. Rule 23 Order
This case presents question as to whether Appellate Court had jurisdiction to consider defendant’s appeal of his conviction on charge of unlawful possession of stolen motor vehicle, where defendant failed to file timely motion for new trial within 30 days following entry of his guilty verdict, but did file notice of appeal within 30 days of denial of his motion seeking new trial. Appellate Court found that it lacked jurisdiction because motion for new trial was filed more than 30 days after jury verdict. Fact that state had responded to substantive issues in motion for new trial did not require different result. In his petition for leave to appeal, defendant argued that trial court had jurisdiction to act on motion for new trial, where said motion was filed within 30 days of his sentencing date. (Dissent filed.)