Defendant entered a nonnegotiated guilty plea to 1 count of unlawful possession of a controlled substance with intent to deliver 1 gram or more but less than 15 grams of heroin. Court found that it should treat Defendant's federal convictions as equivalent to at least Class 2 felonies, and thus as predicate felonies for Class X sentencing, and imposed sentence of 8 1/2 years. Defense counsel timely filed motion to reconsider sentence but did not file a Rule 604(d) certificate. A remand for compliance with Rule 604(d) is required. Appeal is limited to ensuring compliance with Rule 604(d), and sentence remains in place during remand. Defendant may file a motion to withdraw his plea if he chooses. If Defendant wishes to file a new motion to reconsider the sentence, circuit court is directed to vacate its ruling on the original motion and allow him to do so, and court should follow principles of section 5-5-4(a). (BRIDGES and McLAREN, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing