2020 IL App (4th) 180578-U
Ill. App. Ct.2020Background
- Todd A. Brown was charged with multiple sexual offenses and pleaded guilty to one count of predatory criminal sexual assault of a child pursuant to a partially negotiated plea: the State dismissed other counts and agreed to cap its sentencing recommendation at 18 years.
- The court admonished Brown about the charge, penalties, and that sentencing (up to the 18-year cap) would follow; the plea was accepted as knowing and voluntary.
- At the sentencing hearing the State sought 18 years, defense sought 6 years, and the court imposed 12 years (within the plea cap).
- Brown filed a pro se motion to reduce sentence; counsel filed an amended motion to reconsider alleging the court relied on improper sentencing factors and citing the appellate Johnson decision. Counsel also filed a Rule 604(d) certificate.
- The trial court denied the amended motion, finding it had considered mitigation and aggravation; Brown appealed.
- The Office of the State Appellate Defender moved to withdraw under Anders, arguing the appeal was frivolous because, under Illinois Supreme Court precedent, a defendant who enters a negotiated plea must move to withdraw the plea under Rule 604(d) before challenging a sentence—even when claiming improper sentencing factors. The appellate court granted withdrawal and affirmed.
Issues
| Issue | People’s Argument | Brown’s Argument | Held |
|---|---|---|---|
| Whether Brown could appeal denial of his motion to reconsider sentence without first moving to withdraw his negotiated guilty plea under Ill. S. Ct. R. 604(d) when he alleged the court relied on improper sentencing factors | Rule 604(d) bars appeals from negotiated pleas challenging sentence unless defendant first moves to withdraw the plea; permitting otherwise would unfairly bind the State | He claimed the court relied on improper sentencing factors and relied on People v. Johnson (2017) to argue that such a claim need not be preceded by withdrawal of plea | Affirmed: under Illinois Supreme Court precedent (People v. Johnson, 2019), improper-factor claims are treated as excessive-sentence claims for Rule 604(d) purposes; Brown had to move to withdraw his plea and did not, so no colorable appeal exists |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (procedure for counsel to seek leave to withdraw on appeal when no nonfrivolous issues exist)
- People v. Johnson, 129 N.E.3d 1239 (Ill. 2019) (Supreme Court: a defendant who enters a negotiated plea must seek to withdraw the plea under Rule 604(d) before challenging sentence on grounds the court relied on improper sentencing factors)
- People v. Johnson, 87 N.E.3d 1073 (Ill. App. Ct. 2017) (appellate decision holding improper-sentencing claims need not be preceded by plea withdrawal; later reversed)
- People v. Linder, 708 N.E.2d 1169 (Ill. 1999) (negotiated plea and sentencing cap preclude challenging a sentence within the cap without first moving to withdraw plea)
- People v. Flowers, 802 N.E.2d 1174 (Ill. 2003) (Rule 604(d) is a condition precedent to appeals from negotiated pleas; failure generally precludes merits review)