People v. Liner

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2015 IL App (3d) 140167
Decision Date: 
Tuesday, November 17, 2015
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed.
Justice: 
HOLDRIDGE
Defendant appeals circuit court's sua sponte denial of his motion to withdraw guilty plea and vacate sentence. Defendant's motion was untimely filed and thus circuit court lacked jurisdiction to consider the motion. Defendant failed to meet requirements of amended Rule 12(b)(4) because his verification did not contain complete address to which motion was to be delivered. Thus, his Section 1-1-9 verification was insufficient to establish that his motion was mailed to court on a timely date. Remand for further postplea proceedings is unwarranted.(CARTER and WRIGHT, concurring.)