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06/29/89 In Re A.W.

June 29, 1989

IN RE A.W., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

Petitioner-Appellee, v.

A.W., Respondent-Appellant)

541 N.E.2d 789, 185 Ill. App. 3d 473, 133 Ill. Dec. 578 1989.IL.1037

Appeal from the Circuit Court of Alexander County; the Hon. Stephen Spomer, Judge, presiding.

APPELLATE Judges:

JUSTICE HOWERTON delivered the opinion of the court. LEWIS and RARICK, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE HOWERTON

Notwithstanding being told by the circuit court that he had to file a motion to withdraw his admission of juvenile delinquency before he could appeal, the juvenile filed a notice of appeal without first filing and obtaining a ruling on a motion to withdraw his admission.

The State has moved to dismiss his appeal because of that failure, and we grant that motion.

Supreme Court Rule 660(a) provides that appeals in juvenile delinquency cases shall be governed by the rules applicable to criminal cases. 107 Ill. 2d R. 660(a).

Supreme Court Rule 604(d) governs appeals from pleas of guilty in criminal cases and provides in part:

"(d) Appeal by Defendant from a Judgment Entered upon a Plea of Guilty. No appeal from a judgment entered upon a plea of guilty shall be taken unless the defendant, within 30 days of the date on which sentence is imposed, files in the trial court a motion to withdraw his plea of guilty and vacate the judgment. The motion shall be in writing and shall state the grounds therefor." 107 Ill. 2d R. 604(d).

There is no question but that a person adjudicated a juvenile delinquent by admission of guilt must file a motion to withdraw the admission under Rule 604(d) in order to appeal. In re F.D. (1980), 89 Ill. App. 3d 223, 228, 411 N.E.2d 1200, 1203; In re R.L.B. (1987), 158 Ill. App. 3d 175, 175-76, 511 N.E.2d 836, 837.

The supreme court of Illinois recently held that Rule 604(d) is mandatory in appeals from pleas of guilty in criminal cases. People v. Wilk ...


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