Defendant admitted to violating his probation sentence for Class 2 aggravated battery and pleaded guilty in a concurrent case to Class 4 domestic battery (enhanced). He entered into a negotiated plea agreement for both cases that contemplated alternative sentences dependent on the completion of a mental health court program. Defendant did not complete the program and the deferred sentences were imposed. Defendant appealed from the denial of his motion to reconsider those sentences, arguing that the matter should be remanded for counsel to file a SCR 604(d) certificate. The appellate court reversed, finding that SCR 604(d) requires that a defendant first file a motion to withdraw his guilty plea and to vacate the judgment prior to filing an appeal and that the trial court did not admonish defendant pursuant to SCR 605(c) at the time of his sentence of the need to file such a motion. The appellate court remanded for proper admonitions and compliance with the applicable supreme court rules. (ZENOFF and JORGENSEN, concurring)
Illinois Appellate Court
Criminal Court
Criminal Procedure