People v. Mineau

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2014 IL App (2d) 110666-B
Decision Date: 
Monday, September 29, 2014
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
HUDSON
Defendant entered guilty plea while represented by one Assistant Public Defender (APD); and his APD later moved to withdraw Defendant's plea, and filed Rule 604(d) certificate. After hearing, at which time Defendant's newly-assigned APD and his prior APD were both present, court denied the motion. Where original APD prepared and filed motion to withdraw plea and continued to represent Defendant, a new certificate by later-assigned APD was not required. Presence of disjunctive "and/or" in two places in Rule 604(d) certificate" did not render certificate defective, as "or", as used in Rule 604(d), means "and". (BIRKETT, concurring; JORGENSEN, specially concurring.)