Defendant, pursuant to plea agreement as to aggravated battery, was sentenced to a 2-year term of conditional discharge. Contrary to the 604(d) certificate, counsel did not amend the motion to withdraw plea to adequately present defects in the entry of the plea. Counsel was obligated to advance the argument (as argued at the most recent hearing on the motion to withdraw), supported by affidavits, that evidence was insufficient to prove Defendant's guilty beyond a reasonable doubt and that interests of justice dictated that she be allowed to withdraw her plea. Denial of motion to withdraw is vacated, and remanded for counsel to file a new Rule 604(d) certificate and a new motion to withdraw plea, and for new hearing on motion. (McLAREN and HUDSON, concurring.)
Illinois Appellate Court
Criminal Court
Guilty Pleas