People v. Kibbons

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2016 IL App (3d) 150090
Decision Date: 
Tuesday, April 5, 2016
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Appeal dismissed.
Justice: 
O'BRIEN

Defendant pled guilty to aggravated DUI, and State agreed to sentencing cap and dismissed charges based on plea, making it a negotiated plea. Thus, Defendant could not appeal from negotiated plea unless first filing motion to withdraw plea and vacate judgment. Defendant failed to file notice of appeal within 30 days of denial of that motion, and instead filed the correct motion: motion to withdraw plea. As notice of appeal was untimely, appellate court has no jurisdiction over appeal.(McDADE and SCHMIDT, concurring.)