People v. Neal

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
No. 4-10-0381
Decision Date: 
Friday, September 10, 2010
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Remanded with directions.
Justice: 
KNECHT
Defendant entered partially negotiated guilty plea to aggravated battery, a Class 3 felony, for striking a woman in the face during verbal altercation, causing her to fall to the ground, hitting a light post and breaking her shoulder blade. Case remanded, as defense counsel failed to fulfill Rule 604(d) requirements. Counsel's averment that he had reviewed documents "including but not limited to" sentencing transcript and PSI insufficient, as counsel must state that he has reviewed "report of proceedings of the plea of guilty." Purpose of requiring defense counsel to review transcript of plea hearing is to permit counsel the opportunity to review and reflect on the events with a fresh eye, rather than upon memory alone. (STEIGMANN and POPE, concurring.)