Defendant filed motion to withdraw his guilty plea. Given strong circumstantial evidence indicating that Defendant did place his motion in the prison mail system on or before the deadline for filing it, circuit court improperly refused to allow Defendant an opportunity to supplement the record with the requisite certification. Court questioned Defendant, who was pro se, only as to when his motion was filed and did not ask him when he placed his motion in the mail.Remanded for limited purpose of allowing Defendant to supply the necessary certification establishing that his motion was timely filed. Mailbox rule will not be applied where, although circumstances may indicate that a filing was placed int he mail on or before its due date, there is no certification evidencing proof of timely mailing as required in Supreme Court Rule 12(b). (HARRIS and ODEN JOHNSON, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas