TABLE OF CONTENTS

1. Cover Page
2. Points and Authorities
3. Nature of the Case
4. Issues Presented for Review
5. Jurisdictional Statement
6. Statement of Facts
7. Argument
8. Conclusion
9. Certificate of Compliance
10. Certificate of Service
11. Appendix

IN THE APPELLATE COURT OF ILLINOIS

[FIRST / SECOND / THIRD / FOURTH / FIFTH] DISTRICT

Appeal from the Circuit Court of [________________________________] County, Illinois
The Honorable [________________________________], Judge Presiding

BRIEF AND ARGUMENT FOR DEFENDANT-APPELLANT

Attorney for Defendant-Appellant:

[________________________________]
ARDC No. [________________________________]
[________________________________]
[________________________________], Illinois [________________________________]
Telephone: [________________________________]
Email: [________________________________]

POINTS AND AUTHORITIES

Point I: [________________________________]

Point II: [________________________________]

Point III: [________________________________]

Statutes Cited

NATURE OF THE CASE

Defendant-Appellant, [DEFENDANT/APPELLANT FULL LEGAL NAME], appeals from the judgment of the Circuit Court of [________________________________] County, Illinois, entered on [__/__/____], convicting Defendant-Appellant of [________________________________] in violation of [________________________________] and sentencing Defendant-Appellant to [________________________________].

☐ The case was tried before a jury.
☐ The case was tried before the court.
☐ Defendant-Appellant entered a plea of guilty / no contest.

No question is raised on the pleadings.

ISSUES PRESENTED FOR REVIEW

1. Whether the trial court erred in [________________________________].

2. Whether the evidence was sufficient beyond a reasonable doubt to sustain the conviction for [________________________________].

3. Whether defense counsel was ineffective for failing to [________________________________].

4. [________________________________]

JURISDICTIONAL STATEMENT

The Circuit Court of [________________________________] County entered the judgment of conviction on [__/__/____]. (C. [____].) Defendant-Appellant was sentenced on [__/__/____]. (C. [____].)

☐ Defendant-Appellant filed a timely notice of appeal on [__/__/____], within 30 days of sentencing. (C. [____]; Ill. Sup. Ct. R. 606(b).)

☐ Defendant-Appellant filed a post-trial motion on [__/__/____], which was denied on [__/__/____]. Defendant-Appellant filed a timely notice of appeal on [__/__/____], within 30 days of the denial. (C. [____].)

☐ Defendant-Appellant filed a motion to reconsider sentence on [__/__/____], which was denied on [__/__/____]. The notice of appeal was filed on [__/__/____]. (C. [____].)

This Court has jurisdiction pursuant to Illinois Supreme Court Rule 606 and Article VI, Section 6, of the Illinois Constitution.

STATEMENT OF FACTS

A. Pretrial Proceedings

[________________________________]

(C. [____]; R. [____].)

B. Trial Evidence — State's Case

[________________________________]

(R. [____].)

C. Trial Evidence — Defense Case

[________________________________]

(R. [____].)

D. Verdict and Sentencing

On [__/__/____], the ☐ jury returned a verdict of / ☐ court found Defendant-Appellant:

[________________________________]

(R. [____].)

On [__/__/____], the court sentenced Defendant-Appellant to:

[________________________________]

(R. [____]; C. [____].)

ARGUMENT

I. [ISSUE ONE HEADING]

A. Standard of Review

☐ De novo review applies to questions of law, including constitutional questions and statutory interpretation. (People v. Piatkowski, 225 Ill. 2d 551, 564 (2007).)

☐ Abuse of discretion applies to the trial court's evidentiary rulings and sentencing decisions. (People v. Illgen, 145 Ill. 2d 353, 364 (1991).)

☐ Beyond a reasonable doubt sufficiency standard: The court considers whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements beyond a reasonable doubt. (People v. Wheeler, 226 Ill. 2d 92, 114 (2007); Jackson v. Virginia, 443 U.S. 307 (1979).)

☐ Strickland standard applies to ineffective-assistance claims: Defendant must show deficient performance and prejudice. (Strickland v. Washington, 466 U.S. 668 (1984); People v. Albanese, 104 Ill. 2d 504 (1984).)

☐ Plain error review applies where the issue was not preserved below. Illinois plain-error doctrine permits review where (1) a clear or obvious error occurred and the evidence is so closely balanced that the error alone threatened to tip the scales of justice against the defendant, or (2) a clear or obvious error occurred and the error is so serious that it affected the fairness of the defendant's trial. (People v. Piatkowski, 225 Ill. 2d 551, 565 (2007).)

B. Argument

[________________________________]

(R. [____]; C. [____].)

C. Preservation / Plain Error

☐ This issue was preserved by timely objection and raised in the post-trial motion. (R. [____]; C. [____].)

☐ Although not preserved, this issue is reviewable under the plain-error doctrine because:
☐ First prong: The evidence was closely balanced. [________________________________]
☐ Second prong: The error was so fundamental that it denied the defendant a fair trial. [________________________________]

II. [ISSUE TWO HEADING]

A. Standard of Review

[________________________________]

B. Argument

[________________________________]

C. Preservation / Plain Error

[________________________________]

III. [ISSUE THREE HEADING]

[________________________________]

CONCLUSION

For the foregoing reasons, Defendant-Appellant respectfully requests that this Court:

☐ Reverse the judgment of conviction and remand for a new trial.
☐ Reverse the judgment of conviction and remand with directions to enter a judgment of acquittal.
☐ Vacate the sentence and remand for resentencing.
☐ Modify the judgment to [________________________________].
☐ [________________________________]

Respectfully submitted,

_________________________________________
[ATTORNEY NAME]
ARDC No. [________________________________]
Attorney for Defendant-Appellant

Date: [__/__/____]

CERTIFICATE OF COMPLIANCE

I certify that this brief conforms to the requirements of Illinois Supreme Court Rules 341(a) and (b). The length of this brief, excluding the pages containing the Rule 341(d) cover, the Rule 341(h)(1) table of contents and points and authorities, the Rule 341(c) certificate of compliance, the certificate of service, and those matters to be appended to the brief under Rule 342(a), is [________________________________] pages.

_________________________________________
[ATTORNEY NAME]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I, [________________________________], certify that on [__/__/____], I caused a copy of the foregoing Brief and Argument for Defendant-Appellant to be served on the following by:

☐ First-class U.S. mail, postage prepaid
☐ Electronic filing via Odyssey eFileIL
☐ Personal delivery

Under penalties as provided by law pursuant to section 1-109 of the Code of Civil Procedure, I certify that the statements set forth in this instrument are true and correct.

_________________________________________
[NAME]

Date: [__/__/____]

APPENDIX

☐ Appendix A: Table of Contents to Appendix
☐ Appendix B: Judgment of Conviction
☐ Appendix C: Sentencing Order
☐ Appendix D: Notice of Appeal
☐ Appendix E: Table of Contents of the Record on Appeal
☐ Appendix F: [________________________________]

STATE-SPECIFIC NOTES FOR ILLINOIS

1. Notice of Appeal: Must be filed within 30 days of the entry of final judgment or, if a post-trial motion is filed, within 30 days of the ruling on the last pending post-trial motion. (Ill. Sup. Ct. R. 606(b).)

2. Post-Trial Motion Requirement: In jury trials, issues not raised in a post-trial motion are generally forfeited. (People v. Enoch, 122 Ill. 2d 176 (1988).)

3. Plain Error Doctrine: Illinois follows a two-prong plain-error analysis: (1) closely balanced evidence, or (2) error affecting structural integrity of trial. (People v. Piatkowski, 225 Ill. 2d 551 (2007).)

4. Guilty Plea Appeals: Under Rule 604(d), the defendant must file a motion to withdraw the plea or reconsider the sentence before filing a notice of appeal. Defense counsel must file a Rule 604(d) certificate.

5. Anders Brief: If appointed counsel finds no arguable issues, counsel must file a motion to withdraw accompanied by a brief referring to anything in the record that might arguably support the appeal. (Anders v. California, 386 U.S. 738 (1967); People v. Jones, 38 Ill. 2d 384 (1967).)

6. One-Act, One-Crime Doctrine: Illinois prohibits multiple convictions arising from a single physical act. (People v. King, 66 Ill. 2d 551 (1977).)

7. Mandatory Supervisory Filing: Criminal appeals are filed in the appellate district where the trial court is located. Ill. Sup. Ct. R. 606(a).

8. Petition for Leave to Appeal to Supreme Court: After the Appellate Court decision, a petition for leave to appeal to the Illinois Supreme Court must be filed within 35 days. (Ill. Sup. Ct. R. 315(b).)