People v. Hale
Appellate Court of Illinois
1Opinion of the CourtJustice Mills
Can a motion to withdraw a plea of guilty be filed and heard prior to sentencing?
Yes.
But an appeal from a denial of such motion cannot be taken until after sentence and the filing of another motion to withdraw the plea.
Defendant pleaded guilty to armed robbery. He now appeals, claiming that the trial court abused its discretion in failing to grant his motion to withdraw that guilty plea.
Jurisdiction
This court — in fulfillment of our duty to inquire into our own jurisdiction — issued a rule to show cause why this appeal should not be dismissed for want of a timely notice of appeal. Here is why:
2Cases cited6 opinions
- Boykin v. AlabamaSupreme Court of the United States · 1969
- United States of America Ex Rel. Albert Curtis v. Hon. John Zelker, Superintendent of Green Haven Correctional Facility, Stormville, New YorkCourt of Appeals for the Second Circuit · 1972
- The People v. JamesonIllinois Supreme Court · 1944
- People v. ZuckermanAppellate Court of Illinois · 1964
- People v. BrooksAppellate Court of Illinois · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. HaleIllinois Supreme Court · 1980
- People v. RamageAppellate Court of Illinois · 1992
- People v. JoyAppellate Court of Illinois · 1986
- People v. PottsAppellate Court of Illinois · 1985
- People v. PaulAppellate Court of Illinois · 1981
3 more not listed; retrieve them via the Exa API.