Defendant was sentenced, in absentia, to 6 years.Defendant had pled guilty to theft with a prior residential burglary conviction. Upon learning of that sentence, Defendant filed a pro se "motion for resentencing consideration", stating that he was not present for sentencing because he had been admitted to hospital "awaiting oxygen". Court erred in finding motion untimely and declining to consider motion. Content of motion clearly indicated it was a section 115-4.1(e) motion and not an untimely motion to reconsider sentence. As relief sought was apparent on face of motion and there were no labeling requirements with which Defendant failed to comply, motion was properly before the trial court and Defendant should be given opportunity to show that his failure to appear at sentencing was without his fault and due to circumstances beyond his control. Remanded for evidentiary hearing on motion.(STEIGMANN and TURNER, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing