People v. Dyas

Defendant pleaded guilty to unlawful possession with intent to deliver and later sought to withdraw the plea. The trial court denied the motion and defendant filed a motion to reconsider. While the motion to reconsider was pending, defendant filed a notice of appeal. He then moved to dismiss the appeal as premature, which the appellate court granted, and the trial court then denied the motion to reconsider and defendant appealed. The appellate court vacated the denial of defendant’s motion to withdraw his guilty plea and the supreme court granted the State’s petition for leave to appeal. The supreme court found that the appellate court lacked jurisdiction over the matter because the notice of appeal was not timely as the dismissal of defendant’s first appeal did not “reset the clock” for defendant to file a notice of appeal. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and O’BRIEN, concurring)