People v. Stacey

The question for decision is whether a defendant, sentenced on a plea of guilty, who wishes to appeal only the sentence entered thereon must, pursuant to Rule 604(d) (58 Ill. 2d R. 604(d)), file a motion to withdraw his plea and vacate the judgment entered thereon prior to undertaking an appeal.

These consolidated appeals present this issue. In each case the appellate court dismissed the appeal. We granted leave to appeal pursuant to Rule 315 (58 Ill. 2d R. 315).

In cause No. 48829, defendant, Douglas Stacey, on June 2, 1975, pursuant to a plea agreement, entered a plea of guilty to the offense…