Peoples v. State (Majority)
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The Supreme Court treated Defendant's motion to lodge an appeal from a judgment sentencing him to 360 months imprisonment as a motion for rule on clerk and granted the motion, holding that because Defendant's counsel never took any action to perfect the appeal, Defendant was entitled to relief.
Defendant was convicted or two counts of rape. Defense counsel filed a timely notice of appeal from the judgment but never lodged the record with the clerk of court and never took any action to perfect the appeal. Defendant also filed a motion for permission to file an amended brief. The Supreme Court granted Defendant's motion to lodge an appeal on the ground that a criminal defendant cannot be denied his first appeal because counsel failed to follow mandatory appellate rules. The Court then denied the motion for permission to file an amended brief because no briefing schedule for the appeal had been set.
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