People v. Marker

• Decision Date: 16 April 2009
• Docket Number: No. 106494.,106494.
• Citation: 908 N.E.2d 16,233 Ill.2d 158
• Parties: The PEOPLE of the State of Illinois, Appellant, v. Brent E. MARKER, Appellee.
• Court: Illinois Supreme Court

908 N.E.2d 16

233 Ill.2d 158

The PEOPLE of the State of Illinois, Appellant, v. Brent E. MARKER, Appellee.

No. 106494.

Supreme Court of Illinois.

April 16, 2009.

Lisa Madigan, Attorney General, Springfield, Eric C. Weis, State's Attorney,

Yorkville (Michael A. Scodro, Solicitor General, Michael M. Glick and Retha Stotts, Assistant Attorneys General, Chicago, of counsel), for the People.

Larry Wechter, Geneva, for appellee.

OPINION

Justice KARMEIER delivered the judgment of the court, with opinion:

The issue in this appeal is whether a motion filed by the State seeking reconsideration of a circuit court's interlocutory order suppressing evidence tolls the time for appeal under Supreme Court Rules 604(a)(1) and 606(b) (210 Ill.2d Rs. 604(a)(1), 606(b)). We hold that it does.

BACKGROUND

Following a traffic stop by an Oswego police officer, defendant was arrested and charged with driving under the influence of drugs (625 ILCS 5/11-501(a)(6) (West 2006)) and driving under the combined influence of drugs and alcohol (625 ILCS 5/11-501(a)(5) (West 2006)), in Kendall County case number 06-DT-57 (traffic case). As a result of the same arrest, defendant was also charged with unlawful possession of a controlled substance (720 ILCS 570/402(a)(2)(A) (West 2006)) and unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(A) (West 2006)), in case number 06-CF-69 (felony case). Defendant filed a motion to quash his arrest and suppress evidence in both cases, and the trial court granted the motion on August 11, 2006. On September 7, 2006, the State moved to reconsider the trial court's ruling. The trial court denied the motion to reconsider following a hearing on September 28, 2006, and, on October 23, 2006, the State filed a certificate of impairment and a notice of appeal.

The appellate court concluded that the State's appeal of the August 11 suppression order was untimely based on its reading of the first and penultimate sentences of Rule 606(b). 382 Ill.App.3d 464, 321 Ill.Dec. 71, 888 N.E.2d 590. The first sentence states, in part: "the notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from or if a motion directed against the judgment is timely filed, within 30 days after the entry of the order disposing of the motion." 210 Ill.2d R. 606(b). The appellate court majority agreed with defendant that because the order quashing defendant's arrest and suppressing evidence was not a "final judgment," the State's motion to reconsider did not toll the 30-day period for filing a notice of appeal. 382 Ill.App.3d at 477, 321 Ill.Dec. 71, 888 N.E.2d 590. That period expired on September 11, 2006. Nor, according to the appellate court, was the State's appeal timely filed under the penultimate sentence of Rule 606(b), which provides that "no appeal may be taken from a trial court to a reviewing court after the expiration of 30 days from the entry of the order or judgment from which the appeal is taken." 210 Ill.2d R. 606(b). The majority interpreted this sentence to mean that an appeal from an interlocutory order may not be taken after the expiration of 30 days from the entry of that original order, also September 11, 2006. 382 Ill.App.3d at 472, 321 Ill.Dec. 71, 888 N.E.2d 590. Thus, the State's notice of appeal, filed on October 23, 2006, was untimely and the court dismissed the appeal for lack of jurisdiction. 382 Ill.App.3d at 477, 321 Ill. Dec. 71, 888 N.E.2d 590. Appeal lies in this court because, on its own motion, the appellate court certified, pursuant to Rule 316 (Official Reports Advance Sheet No. 26 (December 20, 2006), R. 316, eff. December 6, 2006), that the case "involves a question of such importance that it should be decided by the Supreme Court."

ANALYSIS

Because this appeal presents only issues of law, our review proceeds de novo. See In re A.H., 207 Ill.2d 590, 593, 280 Ill.Dec. 290, 802 N.E.2d 215 (2003) (applying de novo standard to jurisdiction issue). Additionally, the interpretation of a supreme court rule, like a statute, is reviewed by this court de novo. People v. Drum, 194 Ill.2d 485, 488, 252 Ill.Dec. 470, 743 N.E.2d 44 (2000) (applying de novo standard in reviewing timeliness of a State appeal under Rule 604(a)(1)). As a preliminary matter, we note that, in addition to contending that the appellate court properly affirmed the dismissal of the State's appeal under Rule 606(b), defendant also argues that the State did not invoke appellate jurisdiction in his traffic case, 06-DT-57, because the State failed to file a copy of the notice of appeal and certificate of impairment in that particular circuit court file.¹

Having examined the record, we find that the parties and the circuit court treated the traffic and felony cases as functionally consolidated. See Ad-Ex, Inc. v. City of Chicago, 247 Ill.App.3d 97, 98-103, 187 Ill.Dec. 125, 617 N.E.2d 333 (1993). Specifically, numerous documents filed by the parties and orders filed by the court list both case numbers in the caption. Additionally, during the hearings on defendant's motion to quash and suppress and the State's motion to reconsider, the court repeatedly announced the case as "People of the State of Illinois vs. Brent E. Marker, 06 CF 69, 06 DT 57." These facts conclusively demonstrate that the cases were functionally consolidated in the trial court. See Ad-Ex, Inc., 247 Ill.App.3d at 98-103, 187 Ill.Dec. 125, 617 N.E.2d 333 (cases were functionally consolidated where orders and pleadings reflected that court and parties treated cases as consolidated and neither party was prejudiced by consolidation).

Indeed, where defendant himself filed several documents listing both case numbers in the caption, he is "estopped to deny" consolidation now. Ad-Ex, Inc., 247 Ill.App.3d at 98, 102, 187 Ill.Dec. 125, 617 N.E.2d 333 (litigant who filed documents using consolidated caption in trial court "ought not be allowed to change the rules" once the case is on appeal). Here, the State appealed both the traffic and felony cases by filing a single notice of appeal listing both case numbers in the caption, and a copy of that notice of appeal and the certificate of impairment listing both case numbers was filed in the felony case file maintained by the clerk of the circuit court. Thus, the fact that copies of these documents do not also appear in the circuit court's traffic case file has not prejudiced defendant. Where the cases were functionally consolidated in that court, multiple copies were not required.

Next we address the issue certified to this court by the appellate court, i.e., whether, because the trial court's order quashing defendant's arrest and suppressing evidence was not a "final judgment," the State's motion to reconsider did not toll the 30-day period for filing a notice of appeal set forth in Rule 606(b). 382 Ill. App.3d at 477, 321 Ill.Dec. 71, 888 N.E.2d 590. Article VI, section 6, of the Illinois Constitution (Ill. Const.1970, art. VI, § 6) states, in part: "The Supreme Court may provide by rule for appeals to the Appellate Court from other than final judgments of Circuit Courts." Article VI, section 16, further directs that this court "shall provide by rule for expeditious and inexpensive appeals." Ill. Const.1970, art. VI, § 16. Pursuant to these directives, this court promulgated, inter alia, supreme court rules article VI, entitled "Appeals in Criminal Cases, Post-Conviction Cases, and Juvenile Court Proceedings." 210 Ill.2d art. VI.

Pertinent to this discussion are Supreme Court Rule 604(a)(1), which sets forth the specific instances in which the State may appeal, and Supreme Court Rule 606(b), governing the time for perfecting an appeal. Rule 604(a)(1) provides, in part: "In criminal cases the State may appeal only from an order or judgment the substantive effect of which results in * * * suppressing evidence." 210 Ill.2d R. 604(a)(1). Rule 606(b) states:

"Except as provided in Rule 604(d), the notice of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from or if a motion directed against the judgment is timely filed, within 30 days after the entry of the order disposing of the motion. When a timely posttrial or postsentencing motion directed against the judgment has been filed * * * any notice of appeal filed before the entry of the order disposing of all pending postjudgment motions shall have no effect and shall be stricken by the trial court. Upon striking the notice of appeal, the trial court shall forward to the appellate court within 5 days a copy of the order striking the notice of appeal, showing by whom it was filed and the date on which it was filed. This rule applies whether the timely postjudgment motion was filed before or after the date on which the notice of appeal was filed. A new notice of appeal must be filed within 30 days following the entry of the order disposing of all timely postjudgment motions. Within 5 days of its being so filed a copy of the notice of appeal or an amendment of the notice of appeal shall be transmitted by the clerk of the circuit court to the clerk of the court to which the appeal is taken. Except as provided in paragraph (c) below, and in Rule 604(d), no appeal may be taken from a trial court to a reviewing court after the expiration of 30 days from the entry of the order or judgment from which the appeal is taken. The clerk of the appellate court shall notify any party whose appeal has been dismissed under this rule." (Emphases added.) 210 Ill.2d R. 606(b).

When interpreting supreme court rules, our court is guided by the same principles applicable to the construction of statutes. In re Estate of Rennick, 181 Ill.2d 395, 404, 229 Ill.Dec. 939, 692 N.E.2d 1150 (1998); 134 Ill.2d R. 2(a) & Committee Comments. With rules, as with statutes, our goal is to ascertain and give effect to the drafters'...