People v. Axelson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2015 IL App (2d) 140173
Decision Date: 
Friday, January 9, 2015
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Vacated and remanded with directions.
Justice: 
McLAREN
Defendant entered open plea of guilty to burglary and unlawful possession of a stolen motor vehicle and was sentenced to concurrent 10-year prison terms. Subsequently, new defense counsel filed motion to withdraw guilty plea, but counsel's certificate did not strictly comply with Rule 604(d), as he did not mention contentions of error as to Defendant's sentences. Proceedings on remand must follow Rule 605(c), which applies here because at plea hearing prosecution did make concession in agreeing to forgo any recommendation of consecutive sentences.(BIRKETT and SPENCE, concurring.)