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PEOPLE v. STACEY

Nos. 48829, 49383 cons.

68 Ill.2d 261 (1977)

369 N.E.2d 1254

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DOUGLAS STACEY, Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. RUSSELL BRYANT, Appellant.

Supreme Court of Illinois.

Rehearing denied November 23, 1977.

Attorney(s) appearing for the Case

Michael J. Rosborough, Deputy Defender, and Ann Hilbert Blandford and Randy E. Blue, Assistant Defenders, of the Office of the State Appellate Defender, of Mt. Vernon, for appellant.

William J. Scott, Attorney General, of Springfield (Donald Mackay and Timothy B. Newitt, Assistant Attorneys General, of Chicago, of counsel), for the People.

Michael J. Rosborough, Deputy Defender, and Randy E. Blue, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellant.

William J. Scott, Attorney General, of Springfield (Donald B. Mackay and Timothy B. Newitt, Assistant Attorneys General, of Chicago, of counsel), for the People.

Judgments affirmed.

MR. JUSTICE DOOLEY delivered the opinion of the court:

The question for decision is whether a defendant, sentenced on a plea of guilty, who wishes to appeal only the sentence entered thereon must, pursuant to Rule 604(d) (58 Ill.2d R. 604(d)), file a motion to withdraw his plea and vacate the judgment entered thereon prior to undertaking an appeal.

These consolidated appeals present this issue. In each case the appellate court dismissed...

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