Supreme Court of Illinois

A decision by the circuit court allowing post-conviction petitioner to file a late notice of appeal after the trial attorney failed to file a notice of direct appeal is affirmed where: 1) a defendant whose attorney never filed a notice of appeal is entitled to that appeal; and 2) the appellate court correctly concluded that the evidence was insufficient to prove that the toy gun used in the robbery was dangerous.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael M. Glick, Assistant Attorney General, Chicago, James E. Fitzgerald, Alan J. Spellberg, Aisha T. Cornelius and Ashley Romito, assistant State's Attorneys, of counsel), for the People.


• For Appellees:
  
• Michael J. Pelletier, Deputy Defender, Rebecca I. Levy, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.