2012 IL App (5th) 100302
Ill. App. Ct.2012Background
- Defendant Curtis J. Richard was charged with first-degree murder (dec. 29, 2004 shooting).
- Richard entered a negotiated guilty plea; State withdrew an enhancement and capped sentence at 55 years; circuit court imposed 55-year term.
- Richard moved to withdraw the guilty plea, claiming nonvoluntariness and bias; motion denied and appeal followed.
- On remand for Rule 604(d) compliance, defense counsel filed multiple amended motions with certificates; third amended certificate claimed compliance.
- Evidentiary hearing held June 3, 2010; defense also sought reconsideration of sentence; circuit court denied both withdrawal and reconsideration and declined authority to reconsider the sentence.
- This court vacated the denial of withdrawal and remanded to ensure strict compliance with Rule 604(d)
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 604(d) certificate sufficiency | Richard argues the certificate is defective and fails Rule 604(d) requirements | Richard asserts the certificate does not show defendant’s contentions or proper record review | Certificate insufficient; remand for proper compliance |
| Authority to reconsider a capped sentence | State contends court cannot reconsider without withdrawal | Richard argues court has power to reconsider under Rule 604(d) | Court lacks authority to reconsider a negotiated sentence without a motion to withdraw; remand for Rule 604(d) compliance; no further reconsideration proceedings |
Key Cases Cited
- People v. Prather, 379 Ill.App.3d 763 (2008) (strict compliance required; certification must reflect defendant's error contentions)
- Evans, 174 Ill.2d 320 (1996) (negotiated pleas; motion to reconsider requires withdrawal first)
- Linder, 186 Ill.2d 67 (1999) (cap on sentence; must withdraw plea to challenge sentence)
- Haley, 315 Ill.App.3d 717 (2000) (capped plea requires withdrawal before reviewing sentence)
- Grice, 371 Ill.App.3d 813 (2007) (de novo review of Rule 604(d) adequacy; strict compliance)
- Starks, 344 Ill.App.3d 766 (2003) (rule 604(d) duties; ensure compliance and avoid waivers)
- Janes, 158 Ill.2d 27 (1994) (strict compliance with Rule 604(d) essential)
- Dismuke, 355 Ill.App.3d 606 (2005) (cannot infer compliance from record; need explicit statement)