People v. Brownell

Defendant, Curtis J. Brownell, appeals from a denial of his motion, made pursuant to Supreme Court Rule 604(d) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(d)), to withdraw his guilty pleas and vacate the judgments against him.

The defendant’s motion to withdraw his guilty pleas was not timely made. Generally, the failure of defendant to file a timely Rule 604(d) motion requires that the appeal be dismissed, and neither acquiescence by the State to the tardy motion nor a hearing on the motion despite its tardiness will save an appeal from otherwise being dismissed. Cf. People v. Frey (1977), 67…