People v. Shunk

This case presents question as to whether Appellate Court properly vacated trial court’s order denying defendant’s motion to reconsider its prior order that summarily dismissed defendant’s post-conviction petition, as well as directed dismissal of defendant’s motion for reconsideration, under circumstances, where: (1) defendant’s certificate of service on his motion for reconsideration failed to contain complete address to which motion was to be delivered, and thus failed to comply with Rule 12(b)(6); (2) date of circuit court file stamp on motion therefore controlled, and stamped date was more than 30 days from entry of dismissal order; and (3) because there was untimely post-judgment motion to reconsider, there was no tolling of 30-day period for filing notice of appeal, and thus Appellate Court lacked jurisdiction to address merits of defendant’s appeal. In his petition for leave to appeal, defendant argued that limited remand should have occurred so as to allow him opportunity at hearing to establish timely date and manner of mailing his motion to reconsider.