People v. Easton

Illinois Supreme Court
Criminal Court
Guilty Pleas
Citation
Case Number: 
2018 IL 122187
Decision Date: 
Thursday, November 29, 2018
District: 
2d Dist.
Division/County: 
Kendall Co.
Holding: 
Appellate court reversed; circuit court court vacated; remanded.
Justice: 
NEVILLE

Defendant pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and 4 counts of unlawful use of a credit card. Defendant's postplea proceedings in circuit court were completed more than a year before Rule 604(d) was amended. Thus, amended Rule 604(d) did not apply. To comply with Rule 604(d), defense counsel must certify that he or she consulted with Defendant as to both types of error: in imposition of sentence and the entry of plea of guilty. As counsel's certificate did not comply with Rule 604(d), case is remanded for new postplea proceedings, including filing of a new Rule 604(d) certificate, and opportunity to file a new motion to withdraw guilty plea and/or reconsider the sentence; and a new motion hearing.(KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)