People v. Salem

Illinois Supreme Court
Criminal Court
Motions for New Trial
Citation
Case Number: 
2016 IL 118693
Decision Date: 
Friday, January 22, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Appellate court vacated; appeal reinstated.
Justice: 
GARMAN

(Correcting court designation.) Defendant's two notices of appeal were not filed within 30 days of sentencing nor within 30 days of orders disposing of timely filed motions against judgment, and thus appeals were not timely, and appellate court did not have jurisdiction.  However, given unique facts of case, Defendant was understandably confused about when to file appeals. Trial counsel and the court were confused as to time to file motion for new trial, and neither State nor court took issue with timeliness of Defendant's motions for new trial.  As the right to appeal a criminal conviction is fundamental, Supreme Court, in exercise of its supervisory authority, ordered appeal reinstated. (FREEMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)