People v. Scott

Illinois Appellate Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2017 IL App (4th) 150761
Decision Date: 
Tuesday, November 7, 2017
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
KNECHT

Defendant pled guilty to 1 count of 1st-degree murder, but later filed motion to withdraw his plea. Because December 2015 amendment to Rule 604(d) was procedural, it applies retroactively to Defendant’s case. As defense counsel’s August 2015 certificate did not state that counsel reviewed the report of proceedings from Defendant’s sentencing hearing, it failed to strictly comply with amended Illinois Supreme Court Rule 604(d). Remanded for opportunity to file a new motion to withdraw guilty plea and/or reconsider the sentence, and for a new hearing on Defendant’s postplea motion, and the filing of a corrected Rule 604(d) certificate.  Court erred in failing to award Defendant $5-per-day credit toward his fines for each day he spent in presentence custody.  Defendant is entitled to have $100 of his sentencing credit applied to fines, including the court-finance fee which is a fine. (TURNER and HARRIS, concurring.)