post conviction petition and to remember this cause for second stage proceedings and he's asking that it be remanded on the basis that he in this pleadings set forth the gist of a claim to discuss to tional right to procedural due any relief this court did not even address any of the substantive issues simply said we don't have jurisdiction over this appeal because nothing was not found within thirty days and we did surgery in our summer you ruling secondly in terms of what had nations were sufficient it relates to the fact that at the end the defendant acknowledges he was admonished that he had to do something within thirty days he was told that he knew even said in his pro se pleadings in his letters i tried to get this filed on time i couldn't so with the emanations in terms of that hours were sufficient to let him know that he had to file something within thirty days but even in the motion the ender's motion our office filed it was noted in there that arguably bring there is there is an issue in this case about the judge's admonitions regarding his right to counsel and act was not really part of what the court's ruling was or what the ender's motion was the end of the motion related to the thirty day requirement so your position is that if we say we don't have jurisdiction even if we offer had read and understood i care surely there are parallels between mr jackson's case and the supreme court's decision in g t but with a significant difference that because the miners pled guilty to a criminal damage to property and been put on probation as in this case had been told if you wish to appeal you first have to file a post plea motion within thirty days and that to address these issues because the defendant had not found a post to a motion other notice of appeal within thirty days and he was sufficiently admonished of the need to file something within thirty days the court then refused to go on an exercise in supervisory authority for the purpose of sending it back for proper admonitions but the court did not what do they have because the court said based on everything we have in this record we don't find th juvenile really wanting to withdraw his plea they had really he was satisfied with the police satisfied with the terms of the three men and one he was dissatisfied with when his probation was revoked so they said we're not first of all if you look at the judges in management's she only talks about the right to meet appointed counsel once the motion is denied if i deny your motion you then have thirty days to appeal and then tells him if you can't afford an attorney one will be appointed to represent you and after right after that she said it is now siri those are your appeal rights so she's couch eating his right to counsel only in terms of his right to counsel on appeal and  trying to file these possibly motions in a timely manner the prison is on lockdown i haven't been able to get to the law library he says in his in his plea that one point  attempted but dismissed do i took the wrong steps and was advised on what steps to take i was not given an opportunity there certainly procedural rights so there's enough there to raise a claim that he was not couldn't we look at this case in a very similar way really doesn't want to withdraw the pleas which he questions the sentence so he's looking at the sentence isn't being well i found the pro se pleadings i think you know you have to construe those liberally and take them as true it is crossing pleadings he did say i wanted to withdraw my plea within a week and during the plea he also gives some grounds for what on what basis he says he was rushed into the or he did it he asked some questions he had some concerns about the plea afterwards after the trial judge just said well i can't really answer your questions and the attorney his public defender said well i'll go back have a class x amount so he raises allegations in his motion a baking dish trying to file that i felt i didn't understand this i just rushed into it i didn't have all the information i should have had and i wasn't really guilty of a class x amount so he does make allegations first he says i did when i was around likely within a week i don't think that's rebutted by the record especially when he says my attorney never came back and spoke to me not see this you know actually draw our office said that arguably the admissions regarding his right to counsel were not sufficient or were insufficient but we couldn't do openings in this case the defendant here filed a he wrote a letter saying i'd like more time i don't think it was anyone ever acted on it because it was filed was three months after the plea but then he filed a motion to reconsider sentence and a notice of appeal the same day saying that his knows of appeal he wanted to appeal the motion to reconsider sentence so it was a situation where even looking at it at that point the record up to that point again supported that there is nothing that we can do in the direct appeal because there was no time in the postal emotion in the time was trying to get these done on time i didn't have an attorney to represent me i didn't know the proper steps to take i wasn't given an opportunity to a certain rights and that's sufficient to raise an arguable or just of a claim that  admonishments were allegedly improper and they're obviously on the record they speak for themselves so we can look at those admonishments and determine whether in fact they were proper or not and given the to me is holding as well as the g t in the apartments when you look at the do substantially comply with the rule the defendant was very aware that he had to do something within thirty days and he did not do so and especially given that he had requested that order releasing evidence if nothing was pending  within thirty days that also shows that he really didn't have an intent to go forward with an appeal in addition to the fact that he very clearly told the judge i'm not taking back my plea i'm not taking back the eight years and if i if you would sentence to be is that the judge is the court i would be dead i mean that was his words so he didn't want to go forward on all six charges he got a very good deal he actually got two years  words were i would be dead obviously we don't think he would have gotten the death penalty because that would not have happened but she was aware of that that he was a high risk here and so that's why he took the clique and he also said this is a slow as file something which of course he didn't so do slightly i agree that you know to an extent they're slightly different issues and that's why i didn't focus as much on that will was what your position on the fact that the summary order basically says we have no jurisdiction admonishments as well that they certainly said that that was not necessary from the first the first district is another case where the i'm sorry this is a first court district and in another case where the admissions were similar to here on the fourth district said that did not tell the defendant he had a right to the appoint preparation and filing of something of that nature in the post qually motions this have the nation in this case did not specifically address the motions and just say this is what happens after i d a motion and those are your appeal so we did not substantially mohnish and certainly didn't substantially management certainly he didn't understand that he had a right to counsel which is clear from his pleadings but we're back to statements on the record the deal see i decided that i wanted to move to vacate my plea and i tried to do it but without counsel i didn't have the ability to do it on time and i think based on the admissions here and and what you should take is true there's enough there to send it back for second stage