People v. Skryd 

Illinois Supreme Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
No.110498
Decision Date: 
Thursday, February 3, 2011
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Writ awarded.
Justice: 
FREEMAN
Defendant pled guilty to misdemeanor cannabis offense in 1998, and in 2010 filed motion to withdraw guilty plea, alleging that court had failed to properly advise him of his appeal rights at time of guilty plea hearing. Defendant stated in motion that he was a lawful permanent resident but that his petition for citizenship was being denied, and he was subject to removal, because of the plea. Circuit court lacked jurisdiction to grant motion to withdraw plea, as motion had not been filed within 30 days of entry of plea. The admonition exception, which allows for an exception to the 30-day requirement in the absence of proper Rule 605 admonishments, is for the appellate court to apply if a Defendant fails to first file a Rule 604(d) motion but files a timely notice of appeal, but this exception cannot restore jurisdiction to the circuit court after 30 days from entry of judgment. The absence of admonishments, though error, does not render the judgment of a circuit court void, so that a Defendant can raise the issue at any time. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)