People v. Gabrys

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2013 IL App (3d) 110912
Decision Date: 
Thursday, November 14, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Judgment vacated; remanded with directions.
Justice: 
CARTER
Defense counsel's filing of Rule 604(d) certificate after notice of appeal was filed did not strictly comply with Rule 604(d), which required filing of certificate before or simultaneously with hearing on second motion to withdraw guilty plea. Remedy for failure to comply is to give defense counsel opportunity to file Rule 604(d) certificate and to file new motion to withdraw guilty ple, if necessary, and court must conduct new hearing on motion to withdraw guilty plea. (McDADE and SCHMIDT, concurring.)