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311 Ill. App. 3d 265

724 N.E.2d 1032

244 Ill.Dec. 144

People v. Bailey

Appellate Court of Illinois

Decided February 4, 2000

Appellate Court of Illinois · decided 2000-02-04

Key passage — most relied on by later courts

““(1) In all cases in which the defendant is found guilty and sentenced to imprisonment, probation or conditional discharge, periodic imprisonment, or to pay a fine, or in which a sentence of probation or conditional discharge has been revoked or the conditions attached to such a sentence have been modified, excluding cases in which the judgment and sentence are entered on a plea of guilty, the trial court shall, at the time of imposing sentence or modifying the conditions of the sentence, advise the defendant of the right to appeal, of the right to request the clerk to prepare and file a notice of appeal, and of the right, if indigent, to be furnished, without cost to the defendant, with a transcript of the proceedings at the trial or hearing. (2) In addition to the foregoing rights, in cases in which the defendant has been convicted of a felony or a Class A misdemeanor or convicted of a lesser offense and sentenced to imprisonment, periodic imprisonment, or to probation or conditional discharge conditioned upon periodic imprisonment, or in which a sentence of probation or conditional discharge has been revoked or the conditions attached to such a sentence have been modified and a sentence or condition of imprisonment or periodic imprisonment imposed, the trial court shall advise the defendant of the right to have counsel appointed on appeal. (3) At the time of imposing sentence or modifying the conditions of the sentence, the trial court shall also advise the defendant as fo”

quoted by 1 later decision, including 333 Ill. App. 3d 244 - People v. Mazar

Good law ✅— No negative treatment on recordhow we know

Decided 2000-02-04

How this case has been cited

Cited by 16 later decisions — most recently May 2023

16 state decisions

130200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

JUSTICE INGLIS,

¶1specially concurring:

¶2I agree with the majority that, under the current state of the law, the defendant has waived any objection to his sentence by failing to file a postsentencing motion as the law requires. I also agree that the defendant has no other avenue in which he could have preserved his sentencing issues and that the supreme court rules do not provide such an admonition. Rule 605(a) requires the trial court to advise the defendant of his right to appeal, to request the clerk to prepare and file a notice of appeal, to be furnished with a transcript of the proceedings at his trial, and to have counsel appointed on appeal; it also requires the court to inform the defendant that his right to appeal will be preserved only if a notice of appeal is filed in the trial court within 30 days from the date of the sentence. The rule does not require the trial court to provide an admonition regarding the defendant’s obligation to preserve sentencing issues on appeal. 145 Ill. 2d R. 605(a). Highlighting all of these admonitions and omitting an admonition that the defendant must file a postsentencing motion in the trial court in order to preserve sentencing issues on appeal, as provided in section 5 — 8—1(c) (730 ILCS 5/5 — 8—1(c) (West 1996)), only serve to mislead the defendant. I find this to be unjust and respectfully suggest that the supreme court review Rule 605(a).

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