2022 IL 126464
Ill.2022Background
- Robert J. Gorss pled guilty to one count of aggravated DUI for a 2016 crash that caused a death and was sentenced to 11 years’ imprisonment (85% day-for-day) plus 3 years MSR.
- Gorss’s counsel filed a motion to reconsider the sentence; the circuit court denied it and counsel later filed a Rule 604(d) certificate.
- The certificate recited counsel’s consultation about the sentence, review of transcripts, consideration of amendments to a motion to reconsider the sentence, and that Gorss did not wish to withdraw his guilty plea; it did not expressly state counsel consulted with Gorss about contentions of error in the entry of the guilty plea.
- The appellate court affirmed, relying on People v. Peltz to hold the certificate complied with Rule 604(d).
- The Illinois Supreme Court reversed: it held counsel failed to strictly comply with Rule 604(d) because the certificate did not explicitly state counsel consulted with Gorss about any contentions of error in the entry of the guilty plea; the Court overruled Peltz and remanded for a new certificate, a new motion to withdraw or reconsider, and a new hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s Rule 604(d) certificate strictly complied with the rule | Certificate substantially adopted the form; statement that defendant did not want to withdraw plea implies counsel consulted about plea | Certificate did not expressly state counsel consulted about contentions of error in the entry of the guilty plea, so it failed strict compliance | Certificate was deficient: counsel did not strictly comply; appellate judgment reversed, Peltz overruled, remand for new certificate, motion, and hearing |
Key Cases Cited
- People v. Janes, 158 Ill. 2d 27 (Ill. 1994) (failure to strictly comply with Rule 604(d) requires remand for new motion and hearing)
- People v. Tousignant, 2014 IL 115329 (Ill. 2014) (Rule 604(d) consultation must cover both plea and sentence to effectuate rule’s purpose)
- People v. Easton, 2018 IL 122187 (Ill. 2018) (certificate must confirm consultation about both types of error; shows how compliance is assessed)
- People v. Peltz, 2019 IL App (2d) 170465 (Ill. App. Ct. 2019) (appellate decision holding a certificate saying defendant didn’t wish to withdraw plea could substitute for explicit consultation language) (overruled)
- People v. Wilk, 124 Ill. 2d 93 (Ill. 1988) (explaining Rule 604(d)’s purpose to permit trial-court factfinding before appeal)