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PEOPLE v. BROWNELL

No. 79-223.

86 Ill. App.3d 697 (1980)

408 N.E.2d 304

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CURTIS J. BROWNELL, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied August 26, 1980.

Attorney(s) appearing for the Case

Mary Robinson and Mark Schuster, both of State Appellate Defender's Office, of Elgin, for appellant.

Daniel D. Doyle, State's Attorney, of Rockford (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

Defendant, Curtis J. Brownell, appeals from a denial of his motion, made pursuant to Supreme Court Rule 604(d) (Ill. Rev. Stat. 1977, ch. 110A, par. 604(d)), to withdraw his guilty pleas and vacate the judgments against him.

The defendant's motion to withdraw his guilty pleas was not timely made. Generally, the failure of defendant to file a timely Rule 604(d) motion...

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