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People v. Godsey

SEPTEMBER 24, 1974.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

KENNETH WAYNE GODSEY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Winnebago County; the Hon. ALBERT S. O'SULLIVAN, Judge, presiding.

MR. PRESIDING JUSTICE T. MORAN DELIVERED THE OPINION OF THE COURT:

A two-count indictment charged defendant with burglary and theft in excess of $150. On June 10, 1971, the court accepted a negotiated plea of guilty to the theft count. On June 14, 1971, defendant was sentenced to 3 years' probation. Seven months later (January 14, 1972), defendant's probation was revoked and he was sentenced to serve a term of 2 to 6 years.

• 1 Defendant here, for the first time, challenges the legality of his initial conviction which was entered 18 months prior to appeal. (Due to findings herein, it is unnecessary for us to consider the length of time between the original judgment of conviction and defendant's present request, but see People v. Johnson, 12 Ill. App.3d 511, 512 (1973).) Defendant takes cognizance of our decision in People v. Nordstrom, 73 Ill. App.2d 168, 172-77 (1966), appeal dismissed, 37 Ill.2d 270 (1967), but urges that we relax that holding and allow him, at this time, to attack the sufficiency of the admonition which the court delivered prior to the acceptance of his guilty plea. Unlike Nordstrom, the defendant here has not filed a notice of appeal from the original judgment of conviction. Supreme Court Rule 606(a) (Ill. Rev. Stat. 1971, ch. 110A, § 606(a)) clearly states, in part, that "No step in the perfection of the appeal other than the filing of the notice of appeal is jurisdictional." Inasmuch as no notice of appeal was ever filed by defendant, this court has no jurisdiction to entertain a review of the initial judgment. People v. Williams, 16 Ill. App.3d 111 (1973); People v. Floyd, 14 Ill. App.3d 1009, 1011 (1973).

The basis for the revocation of probation is revealed by the transcript.

"The Clerk: People of the State of Illinois versus Kenneth Wayne Godsey, Defendant, Case No. 1425.

The Court: What is the status of this case?

[Defendant's counsel]: He has been served with a petition to vacate, your Honor, and we are ready to admit the allegations in the petition.

The Court: Is that true, do you want to admit the allegations that are here?

The Defendant: Yes.

The Court: One of the charges is that on the 15th day of November, 1971, one Kenneth Wayne Godsey committed the offense of burglary in that he without authority knowingly entered into the building of Rodney Dahlberg, Rural Route 1, Durand, Illinois, with intent to commit therein a theft or felony. You admit that, do you?

The Defendant: Yes, I took some tools out of a shed.

The Court: How did you get into the place?

The Defendant: It was open.

The Court: Was it night or ...


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