People v. Walls

Illinois Supreme Court PLAs
Criminal Court
Appellate Jurisdiction
Citation
PLA issue Date: 
March 30, 2022
Docket Number: 
No. 127965
District: 
4th Dist.

Appellate Court found that it lacked subject-matter jurisdiction on defendant’s direct appeal that challenged his sentencing on second degree murder charges and aggravated battery with firearm charge, under circumstances where: (1) defendant timely filed post-judgment motion to reconsider said sentences under Rule 604(d); (2) trial court denied said motion to reconsider; and (3) defendant failed to file any notice of appeal within 30 days after denial of his motion to reconsider. Fact that defendant had filed motion for rehearing of his motion to reconsider his sentences within 30-day period for filing notice of appeal did not stay time for filing notice of appeal. In his petition for leave to appeal, defendant argued that his direct appeal was timely under Feldman, 409 Ill.App.3d 1124, where it was filed within 30 days of trial court’s denial of his motion for rehearing of his motion to reconsider.