People v. Smith

The Supreme Court of Illinois has remanded this cause to our court to address a jurisdictional question it raised with regard to defendant’s notice of appeal. We address the supreme court’s question and vacate our March 13, 2007, opinion.

I. BACKGROUND

On November 10, 2004, pursuant to a plea agreement, defendant, Edward J. Smith, pleaded guilty to possession of a controlled substance with the intent to deliver (720 ILCS 570/401(c)(2) (West 2002)), and the trial court sentenced him to 10 years’ imprisonment. After a January 31, 2005, hearing, the court denied defendant’s amended motion to…