People v. Perry

Illinois Appellate Court
Criminal Court
Right to Counsel
Citation
Case Number: 
2014 IL App (1st) 122584
Decision Date: 
Wednesday, November 26, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Remanded.
Justice: 
REYES
Defended pled guilty to aggravated assault with a gun, but then appealed trial court's striking of his postplea "notification of motions". Trial court failed to properly admonish Defendant of his postplea rights, as court failed to address subsections (c)(4) and (c)(6) of Rule 605 addressing postplea rights; and admonishments were brief and at times unclear. Although Defendant failed to file a motion, his "notification" and comments to trial judge were sufficient to manifest an interest in appealing from judgment, which triggered court's affirmative duty to ascertain whether he wished for counsel to be appointed. (PALMER and McBRIDE, concurring.)