After Defendant plead guilty to two crimes and was sentenced, he filed a pro se motion to correct the mittimus to reflect a different custody date for purposes of calculating presentence detention credit, which Court denied. Defendant appealed the denial of his motion. On appeal, he abandoned his initial claim, and contended for the first time that his fines and fees were erroneously assessed and that he was entitled to presentencing detention credit. Since Defendant failed to file a motion to withdraw the guilty plea and vacate the judgment or a motion to reconsider sentence within 30 days, Appellate Court could not consider his appeal on the merits. Additionally, Court’s denial of Defendant’s motion was not a final and appealable order over which Appellate Court had jurisdiction to review. In denying the motion, Court found that it committed no clerical error in entering those judgments and, therefore, left the original judgments in place. Thus, Court did not enter any new judgment from which Defendant could appeal.
Illinois Appellate Court
Criminal Court
Fines; Appellate Review