People v. Allen
| Decision Date | 23 March 1978 |
| Docket Number | No. 49737,49737 |
| Citation | 16 Ill.Dec. 941,71 Ill.2d 378,375 N.E.2d 1283 |
| Parties | , 16 Ill.Dec. 941 The PEOPLE of the State of Illinois, Appellee, v. James E. ALLEN, Appellant. |
| Court | Illinois Supreme Court |
Denis McGrady, Jr., of McGrady & McGrady, Gillespie, for appellant.
William J. Scott, Atty. Gen., Chicago, and Kelly D. Long, State's Atty., Hillsboro , for the People.
In a jury trial in the circuit court of Montgomery County, defendant, James E. Allen, was convicted of the offense of theft (Ill.Rev.Stat.1975, ch. 38, par. 16-3(a)). He was sentenced to conditional discharge, fined, and ordered to make restitution. Holding that at the time defendant's notice of appeal was filed, the circuit court had not as yet entered a final appealable order, the appellate court dismissed the appeal. (49 Ill.App.3d 108, 6 Ill.Dec. 945, 363 N.E.2d 892.) We allowed defendant's petition for leave to appeal.
The jury's verdict was returned on May 5, 1976. The docket sheet shows the following entry:
The transcript of the proceedings on that date shows that the circuit court requested the State's Attorney to prepare "a written order along those lines." The written order, file-marked July 20, 1976, provides: "Enter: July 6, 1976." Defendant's notice of appeal, filed July 16, 1976, states that the judgment appealed from was entered on July 6, 1976.
Defendant contends that under Supreme Court Rule 606(b) his notice of appeal was timely filed. The People contend:
Supreme Court Rule 272 pertaining to the entry of judgment in civil cases provides:
Supreme Court Rule 606(b), applicable in criminal appeals, states:
"The notice of appeal shall be filed within 30 days from the entry of the order or judgment from which the appeal is taken; or if the appellant applies for probation or files a motion for a new trial or in arrest of judgment, the notice of appeal shall be filed within 30 days after the ruling of the court on the application for probation...
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