Moreover, pursuant to statute, petitioner was obligated to surrender once the judgment against him was affirmed. As pointed out by our supreme court in Walker v. Hardiman, 116 Ill.2d 413 (1987) and Crump v. Lane, 117 Ill.2d 181 (1987), a defendant admitted to bail is required, pursuant to the conditions of bail set out in section 110-10(f)(5) of the Code of Criminal Procedure of 1963 (Code) ( 725 ILCS 5/110-10(f)(5) (West 1994)), to surrender forthwith upon the affirmance of the judgment against him. He cannot avoid serving his sentence by claiming that the State failed to notify him when he should surrender ( Crump, 117 Ill. 2d at 185; Walker, 116 Ill. 2d at 424), as he has a duty to remain apprised of the status of his appeal ( People v. Santos, 146 Ill. App.3d 818, 822-23 (1986)). In Walker, the supreme court considered the factual scenario presented in Ripa but rejected the contention that delay occurring after the mandate was "spread of record" in the circuit court could be regarded as having been caused by the State.
A defendant released on appeal bond has a duty to remain apprised of the status of his appeal. People v. Santos, 146 Ill. App.3d 818, 822, 497 N.E.2d 374, 376 (1986). Defendant, through his attorney of record, is charged with knowledge of when the opinion of this court was filed, and the record does not disclose that defendant filed a petition for rehearing or for leave to appeal to the supreme court. As a result, the affirmance by this court became final upon the expiration of the dates for seeking such relief and his failure to surrender himself immediately upon being notified of the affirmance by this court is not justified. While the issuing of the mandate may be necessary to revest jurisdiction in the circuit court, after an affirmance no further action by the circuit court is contemplated and none is necessary for defendant to surrender himself and begin his incarceration pursuant to his sentence.
A defendant released on an appeal bond has a duty to remain apprised of the status of his appeal. People v. Santos, 146 Ill. App.3d 818, 497 N.E.2d 374 (1986). Once the mandate of the appellate court has been issued, it is incumbent upon the defendant to surrender himself to serve his sentence.