Defendant pled guilty to aggravated assault and violation of an order of protection (OP). On appeal, defense counsel moved to withdraw under the 1967 U.S. Supreme Court decision in Anders v. California and the 1967 Illinois Supreme Court's decision in People v. Jones. Trial court lacked jurisdiction of Defendant's motion to withdraw his plea, and appellate court lacks jurisdiction to reach merits of his appeal, because Defendant filed an untimely motion to withdraw his plea. Once the trial court entered its final judgment and ruled on Defendant's timely motion to reconsider his sentence, it could not exercise jurisdiction of Defendant's untimely motion to withdraw his plea. (SCHOSTOK, concurring; McLAREN, concurring in part and dissenting in part.)
Illinois Appellate Court
Criminal Court
Assault