People v. Marquez
2012 IL App (2d) 110475
| Ill. App. Ct. | 2012Background
- defendant Roy Marquez pled guilty under an Alford plea to two counts;
- additional charges were nol-prossed in exchange for the plea and a 25-year cap on prison terms was agreed;
- before sentencing, defendant moved to withdraw the plea and was represented by appointed counsel;
- after an evidentiary hearing, the trial court denied the motion and defendant sought reconsideration;
- upon sentencing the court imposed 21 years and 3 years consecutive terms, with a 30-day window to appeal;
- defendant renewed the Rule 604(d) motion and counsel failed to file a proper second Rule 604(d) certificate, triggering remand for compliance with the rule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a renewed premature Rule 604(d) motion requires a new certificate. | People defended Sawyer; no new certificate required. | Sawyer wrongly held no second certificate needed. | Second certificate required; remand. |
| Whether Rule 604(d) compliance must be pre-hearing or simultaneous with the hearing. | Strict compliance allows timing flexibility. | Certificate must precede or be simultaneous with the hearing. | Certificate must precede or be simultaneous; remand. |
| What remedy follows Rule 604(d) noncompliance when a motion is renewed. | Remand not necessary if error is harmless. | Remand to cure certificate and allow new motion/hearing. | Remand for a valid certificate, new motion/hearing. |
| Whether pre-sentencing certificate suffices for a renewed post-plea motion. | Pre-sentencing certificate may suffice. | Pre-sentencing certificate does not satisfy Rule 604(d). | Pre-sentencing certificate does not satisfy Rule 604(d). |
Key Cases Cited
- People v. Love, 385 Ill. App. 3d 736 (2008) (strict compliance rule; remand when certificate deficient)
- People v. Ramage, 229 Ill. App. 3d 1027 (1992) (premature motion; new certificate required on renewal)
- People v. Sawyer, 258 Ill. App. 3d 174 (1994) (second certificate not required previously; overruled by decision in Shirley)
- People v. Shirley, 181 Ill. 2d 359 (1998) (certificate must precede or be simultaneous with hearing; strict compliance emphasized)
- People v. McCaskill, 298 Ill. App. 3d 260 (1998) (strict compliance with Rule 604(d))
- People v. Travis, 301 Ill. App. 3d 624 (1998) (caution on blanket requirement to file before every case)
- People v. Spriggle, 358 Ill. App. 3d 447 (2005) (negotiated plea review limitations; potential relief issues under Rule 604(d))
- People v. Whitfield, 217 Ill. 2d 177 (2005) (plea review and enforceability of plea terms)