City of Naperville v. Mann

SUPREME COURT CASES

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State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0299, 2-07-0300 cons. Rel

Case Date: 01/14/2008

Preview:Nos. 2--07--0299 & 2--07--0300 cons. Filed: 1-14-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE CITY OF NAPERVILLE, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellee, ) ) v. ) No. 05--TR--145344 ) JACK MANN, ) Honorable ) Kenneth Moy, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________________________ THE CITY OF NAPERVILLE, ) Appeal from the Circuit Court ) of Du Page County. Plaintiff-Appellee, ) ) v. ) No. 05--TR--149739 ) JACK MANN, ) Honorable ) Kenneth Moy, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: At issue in these consolidated appeals is whether the trial court erred in vacating orders that discharged defendant, Jack Mann, from court supervision. Defendant argues that, due to the passage of time, the trial court's jurisdiction to vacate the discharge orders lapsed. We agree. Naperville police officers issued speeding tickets to defendant on September 28, 2005 (case No. 05--TR--145344), and on October 5, 2005 (case No. 05--TR--149739). Both cases were prosecuted by the City of Naperville (City) under the City's traffic ordinances. On October 20, 2005,

Nos. 2--07--0299 & 2--07--0300 cons. defendant entered guilty pleas in both cases and was placed on supervision for six months. As conditions of supervision, defendant was required to pay fines and costs, perform three days of service in the Sheriff's Work Alternative Program (SWAP) (case No. 05--TR--149739), and attend traffic school (case No. 05--TR--145344). Defendant was to report to the trial court on April 13, 2006, but he failed to appear on that date, and the court issued a bench warrant for his arrest in each case. That same day, the City filed petitions to revoke defendant's supervision, alleging that he had failed to comply with the conditions of supervision. Defendant was arrested on the bench warrants and released on bond. On June 7, 2006, the trial court discharged defendant from supervision in both cases. On June 13, 2006, in each case the City filed and served a notice of a motion to reconsider. In neither case did the City file an actual motion. The notices indicated that the motions would be heard on June 21, 2006. On July 12, 2006, defendant filed special and limited appearances to contest the trial court's jurisdiction. Defendant contended that the trial court's jurisdiction had expired because more than 30 days had elapsed since the trial court had discharged him from supervision, and the City had failed to file a timely motion for reconsideration. In addition, defendant orally argued that to impose additional punishment after the discharge would violate the double jeopardy clauses of the United States Constitution (U.S. Const., amend. V) and our state constitution (Ill. Const. 1970, art. I,

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