2011 IL App (4th) 090787
Ill. App. Ct.2011Background
- In July 2008, the State charged eight traffic offenses; in April 2009 Little pled guilty to aggravated DUI (Class 2) and driving while license revoked (Class 3), with other counts dismissed.
- The trial court sentenced Little in August 2009 to concurrent prison terms of six years (aggravated DUI) and four years (driving while license revoked).
- Defendant moved to reconsider sentence in August 2009; hearing occurred in October 2009 and the motion was denied.
- Defense counsel filed a Rule 604(d) certificate immediately prior to the October 2009 hearing.
- Little appealed, arguing (i) defense counsel could not have complied with Rule 604(d) before filing the certificate and (ii) the sentences were excessive; the appellate court affirmed the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 604(d) compliance timing | Rule 604(d) certificate timely; transcript certification date not controlling | Transcript preparation/readiness could not have occurred before filing the certificate | Certificate timely; timing not undermined by transcript certification date |
| Excessive-sentence claim | Sentence length within statutory ranges; procedural history supports discretion | Court relied too heavily on criminal history; did not account for mental/physical issues | Not excessive; within statutory ranges; affirmed |
Key Cases Cited
- People v. Fern, 189 Ill.2d 48 (Ill. 1999) (standard for sentencing within statutory range; defer to trial court's judgment)
- People v. Romero, 387 Ill.App.3d 954 (Ill. App. 2008) (great deference to sentencing decisions)
- People v. Grice, 371 Ill.App.3d 813 (Ill. App. 2007) (screening Rule 604(d) certificates; timing considerations)
- People v. Holford, 233 Ill.App.3d 12 (Ill. App. 1992) (transcript/record issues relevant to appellate review)
- People v. Hayes, 195 Ill.App.3d 957 (Ill. App. 1990) (transcript/record timing considerations in Rule 604(d) context)
- People v. Turner, 403 Ill.App.3d 753 (Ill. App. 2010) (discussion of Rule 604(d) timing and compliance)