People v. Shunick

Defendant appealed after the trial court dismissed his post-conviction petition at the first stage and subsequently denied defendant’s motion to reconsider. The appellate court found that the petitioner’s motion to reconsider was untimely and, as a result, his notice of appeal was untimely and dismissed the appeal for lack of jurisdiction. The supreme court affirmed the judgment of the appellate court, finding that the defendant failed to comply with the proof-of-mailing requirements of SCR 12(b)(6) and the appellate court properly concluded that it lacked jurisdiction to rule on defendant’s untimely motion to reconsider. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)