People v. Gibson

I am unable to agree with the decision of the majority; therefore, I respectfully dissent.

The record indicates that defendant testified that on April 27, 1982, he mailed the undated letter referred to by the majority. Although this letter was not filed by the circuit clerk until May 4, 1982, the court stated that it had no doubt that the letter had been in its mail basket for a week prior to its being filed. Thus, had defendant’s letter received even routine treatment, it would have been filed in ample time for it to constitute a timely motion under Supreme Court Rule 604(d) (87 Ill. 2d R.…