People v. Parker

The basic issue in this case is whether a defendant who pled guilty is barred from filing a post-conviction petition raising alleged trial court errors of constitutional proportions where he failed to file a motion in the trial court seeking to withdraw his guilty plea within 30 days after the sentence was imposed as required by Supreme Court Rule 604(d). We hold that he is not and that, accordingly, he should have been allowed to file an amended post-conviction petition. Since he was not allowed to file it, we do not rule on the sufficiency of the petition but remand for further proceedings.

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