In re H.L.
20 N.E.3d 498
Ill. App. Ct.2014Background
- Respondent H.L. admitted allegations in delinquency and probation-revocation petitions and was sentenced to indefinite commitment in the Department of Juvenile Justice.
- Counsel timely filed a motion to reconsider sentence in the trial court; the court held a hearing and denied the motion.
- Approximately three weeks after that hearing, counsel filed a notice of appeal and a Rule 604(d) certificate in the trial court.
- The central procedural question: whether a Rule 604(d) attorney certificate must be filed at or before the hearing on a motion to reconsider sentence (strict compliance), or whether post-hearing filing can suffice.
- The appellate court concluded counsel failed to strictly comply with Rule 604(d) by filing the certificate after the hearing, vacated the denial of the motion, and remanded for filing of a timely certificate, leave to file a new motion if needed, and a new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 604(d) requires the attorney certificate to be filed at or before the hearing on a motion to reconsider sentence | State: Rule 604(d) requires certificate be filed in trial court; Shirley requires it precede or be simultaneous with the hearing | H.L.: Rule is silent as to timing; post-hearing filing should be acceptable (relying on Grace and Travis) | The certificate must be filed in the trial court at or before the hearing; late filing fails strict compliance |
| Remedy for failing to strictly comply with Rule 604(d) | State: Remand for compliance per Shirley | H.L.: No specific alternative remedy argued beyond reliance on precedent allowing post-hearing filing | Failure to strictly comply requires remand to allow timely filing, possible new motion, and new hearing |
| Whether other appellate decisions (Grace, Travis) control | State: Shirley and subsequent Second District precedent control | H.L.: Points to Grace and Travis as permitting post-hearing filing | Court declines to follow Grace and Travis as inconsistent with Shirley |
| Whether remand should include related probation-revocation causes | State: Focus on delinquency cause; probation-revocation closely tied and should be remanded too | H.L.: Agrees remand of interconnected causes appropriate | Remand includes delinquency and the related probation-revocation causes |
Key Cases Cited
- People v. Shirley, 181 Ill.2d 359 (Ill. 1998) (strict compliance with Rule 604(d) requires certificate filed in trial court and should precede or be simultaneous with the hearing)
- People v. Janes, 158 Ill.2d 27 (Ill. 1994) (distinguished in Shirley as an example of certificate filed on appeal)
- People v. Grace, 365 Ill. App. 3d 508 (4th Dist. 2006) (held post-hearing filing acceptable; declined to follow)
- People v. Travis, 301 Ill. App. 3d 624 (5th Dist. 1998) (held post-hearing filing acceptable; declined to follow)
- People v. Lindsay, 239 Ill.2d 522 (Ill. 2011) (remand procedures for Rule 604(d) noncompliance cited for remedy)