People v. Bennett

On December 6, 1984, the defendant entered a negotiated plea of guilty to the offenses of battery and resisting a peace officer in cause No. 84CF143. The trial court admonished the defendant concerning the charges against him and the possible penalties, as well as the rights he would waive by pleading guilty. After the defendant indicated he understood these admonitions, the court accepted his guilty plea. The court sentenced the defendant to two concurrent one-year terms of conditional discharge. He also was sentenced to 14 days' incarceration, with credit for 14 days already spent in the county jail, and was ordered to pay a fine of $45 pursuant to the Violent Crime Victims Assistance Act (Victims Act) (Ill. Rev. Stat., 1984 Supp., ch. 70, par. 501-511). The defendant filed neither a motion to withdraw his plea nor a notice of appeal. The defendant later pleaded guilty to burglary and theft under $300 in cause No. 84CF176 and was sentenced to three years in the Department of Corrections. The court entered judgment in this cause on February 21, 1985. The defendant's notice of appeal was not filed until September 18, 1985. Moreover, the defendant failed to file a motion to withdraw his plea in cause No. 84CF176. Counsel on appeal concedes that this court has no jurisdiction to consider the appeal in cause No. 84CF176. 103 Ill.2d R. 604(d); People v. Frey (1977), 67 Ill.2d 77, 364 N.E.2d 46.