People v. Diaz

Illinois Appellate Court
Civil Court
Guilty Pleas
Citation
Case Number: 
2021 IL App (2d) 191040
Decision Date: 
Thursday, September 30, 2021
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
SCHOSTOK

Defendant pled guilty to 1st degree murder.Postplea counsel, who filed a facially valid Rule 604(d) certificate, was not required, under Rule 604(d), to add to Defendant's pro se motion to withdraw his guilty plea a claim that the record rebutted. Motion claimed that his trial counsel misled him and that he did not understand that the 15-year enhancement was "on top of" the 23-year sentence. The record shows that Defendant was well aware of and agreed to a plea deal that called for the imposition of a 23-year sentence for murder plus a mandatory consecutive sentence of 15 years. (HUTCHINSON and BIRKETT, concurring.)