People v. Abdullah

This case presents question as to whether trial court properly dismissed defendant’s post-conviction petition that challenged trial court’s additional imposition of 25-year sentence on murder charge, as well as 20-years sentence on attempted murder charge based on firearm enhancement, where said sentences were imposed following State’s motion to modify sentences that had been pending at time defendant had filed his notice of appeal. While defendant argued that modified sentences were void ,since they had been imposed after he had filed his notice of appeal, Appellate Court, in affirming trial court’s dismissal of defendant’s post-conviction petition, found that trial court had jurisdiction to enter modified sentences, since defendant had prematurely filed his notice of appeal due to pending nature of State’s motion to modify his sentences. Ct. rejected defendant’s arguments that: (1) under Rule 606(b), only motion to modify filed by defendant rendered any subsequently-filed notice of appeal ineffective; and (2) his firearm enhancement for attempted murder conviction was void, since said crime was committed at time that said enhancement had been temporarily been found to be unconstitutional.