People v. Montaigne, 79-333
| Court | United States Appellate Court of Illinois |
| Writing for the Court | VAN DEUSEN |
| Citation | 41 Ill.Dec. 609,86 Ill.App.3d 220,407 N.E.2d 1107 |
| Parties | , 41 Ill.Dec. 609 PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Billy Joe MONTAIGNE, Defendant-Appellee. |
| Docket Number | No. 79-333,79-333 |
| Decision Date | 14 July 1980 |
Page 1107
v.
Billy Joe MONTAIGNE, Defendant-Appellee.
[86 Ill.App.3d 221]
Page 1108
[41 Ill.Dec. 610] Phyllis J. Perko, Jan Tuckerman, State's Attys. Appellate Service Commission, Elgin, Gene Armentrout, State's Atty., Geneva, for plaintiff-appellant.Mary Robinson, Deputy State Appellate Defender, Elgin, for defendant-appellee.
VAN DEUSEN, Justice:
The State appeals an order of the circuit court of the Sixteenth Judicial Circuit, Kane County, vacating a bond forfeiture judgment previously entered against defendant, Billy Joe Montaigne. The State asserts that the circuit court lacked authority to vacate the judgment 116 days after its entry. Defendant replies that the law makes no provision for the State to appeal the vacation of a bond forfeiture.
On October 25, 1978, an information was filed charging defendant with criminal damage to property over $150. (Ill.Rev.Stat.1977, ch. 38, par. 21-1(a).) Bail was set at $3,500 and defendant was released on personal recognizance. At a subsequent hearing the public defender was appointed and the preliminary hearing was continued to November 22, 1978. Defendant did not appear at that hearing and on November 28, 1978, an order of forfeiture was entered pursuant to sections 110-7 and 110-8 of the Code of Criminal Procedure of 1963. (Ill.Rev.Stat.1977, ch. 38, pars. 110-7, 110-8.) Notice of that order was mailed to defendant the following day. On January 4, 1979, the State, representing that defendant had failed to appear as required within 30 days of the order of forfeiture, applied for a judgment forfeiting the bond, and the circuit court entered judgment as prayed for.
Defendant was thereafter apprehended, and on May 2, 1979, pleaded guilty to criminal damage to property under $150. Sentence was [86 Ill.App.3d 222] adjudged, and defendant was informed of his right to appeal. Defendant then moved to vacate the bond forfeiture judgment. In support of that motion, he informed the court that he had been held in custody from November 4 to 15, 1978, on an unrelated criminal damage to property charge and that he believed he had been told by one of the guards at the time of his release that the instant case had been dismissed. Defendant denied receiving notice of the November 29, 1978, bond forfeiture order. The trial court...
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People v. Johnson, 81-840
...a criminal case the State may appeal only as permitted by Supreme Court Rule 604(a). (87 Ill.2d R. 604(a); People v. Montaigne (1980), 86 Ill.App.3d 220, 41 Ill.Dec. 609, 407 N.E.2d 1107.) Supreme Court Rule 604(a)(1) permits the State to bring an appeal from an order "the substantive effec......
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People v. Albitar, 1-05-3362.
...to modify bail or the conditions thereof," but, rather, is a final order over which we have jurisdiction. See People v. Montaigne, 86 Ill.App.3d 220, 222, 41 Ill.Dec. 609, 407 N.E.2d 1107 (1980). In Montaigne, the State appealed a trial court order vacating a bond forfeiture judgment previo......
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People v. TAYLOR, Docket Nos. 2–11–0577
...previously held that the essence of a bond forfeiture “proceeding is the entry of a civil judgment on a bond.” People v. Montaigne, 86 Ill.App.3d 220, 222, 41 Ill.Dec. 609, 407 N.E.2d 1107 (1980). When interpreting an [368 Ill.Dec. 846] [985 N.E.2d 653]earlier version of the section, we hel......
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People v. Heim, 2-88-0859
...1262 [131 Ill.Dec. 706] Johnson (1983), 113 Ill.App.3d 367, 370, 69 Ill.Dec. 285, 287, 447 N.E.2d 502, 504; People v. Montaigne (1980), 86 Ill.App.3d 220, 222, 41 Ill.Dec. 609, 610, 407 N.E.2d 1107, 1108.) The supreme court's authority to regulate appeals flows from the grant of judicial po......