By Dan Rozek
Chicago Sun-Times
DUPAGE COUNTY, Ill. — Ian Alamilla tried Tuesday to withdraw his guilty plea in the 2010 strangling death of his wife, but a DuPage County judge cited a simple reason for rejecting his hand-written request:
He missed the deadline for filing his request - by one day.
“He’s a day late, and a day late may as well be 100 days late,” Judge Kathryn Creswell said as she refused to rule on his motion.
Alamilla was sentenced to 25 years in prison after admitting he strangled his estranged wife, Tara, as their three young children slept undisturbed in other rooms of their Westmont house.
After the Dec. 22 sentencing, Alamilla had 30 days to seek to withdraw his guilty plea - and he thought he met that deadline.
“I fully understand that I am within my 30 days to ask for this motion,” Alamilla wrote in his Jan. 22 filing.
But he counted wrong.
Alamilla actually filed the motion 31 days after his sentencing, prompting prosecutors to argue he had missed the deadline.
Creswell agreed and said she couldn’t rule on his request because she no longer had jurisdiction over his case.
Alamilla still could try to raise the issue on appeal.
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