People v. Terefenko

(Modified upon denial of rehearing 9/12/14.) Defendant pled guilty to burglary and attempted burglary in exchange for sentence of four years of TASC probation. Based on his immigration status, court ordered him released to custody of Immigration and Customs Enforcement (ICE), which began deportation. Appellate court remanded case for third-stage evidentiary hearing on Defendant's postconviction petition, by which time Defendant had been deported to Poland. Defendant failed to file notice of appeal or ppostjudgment motion within 30 days after final judgment denying petition, and court lost jurisdiction over cause on that day. Circuit court's extension of time to file postjudgment motions was insufficient to properly extend 30-day deadline, and untimely notice of appeal was a nullity. (McDADE, concurring; CARTER, dissenting.)