People v. Tejada-Soto

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2011 IL App (2d) 110188
Decision Date: 
Wednesday, February 15, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed.
Justice: 
BURKE
Appellate court had vacated Defendant's judgment of conviction for attempted first-degree murder, and remanded with directions that Defendant be given opportunity to file a new motion to withdraw his guilty plea. Defendant then appealed, requesting further remand because hearing on his new motion was only "perfunctory". Defendant cannot show that outcome of hearing on motion to withdraw would have been different if his counsel had called PD Office interpreter to testify at remand hearing. Defendant who challenges guilty plea must show prejudice, even if recasting claim of attorney error as violation of Rule 604(d)'s strict compliance standard. (McLAREN and BIRKETT, concurring.)