People v. Stefanski
125 N.E.3d 539
Ill. App. Ct.2019Background
- Defendant Michael J. Stefanski entered a fully negotiated plea (guilty to aggravated battery and retail theft) and was sentenced to 90 days jail and 24 months’ probation; no collateral-consequence admonishments were given at plea.
- Stefanski moved to withdraw his guilty plea, asserting he did not understand employment ramifications of a felony conviction; the trial court denied the motion.
- After denial, Stefanski appealed arguing (1) an amendment to 725 ILCS 5/113-4(c) (effective Jan. 1, 2017) requiring admonishment of certain collateral consequences should apply retroactively and (2) counsel failed to strictly comply with Illinois Supreme Court Rule 604(d).
- The appellate court reviewed whether the statutory amendment is substantive or procedural for retroactivity and whether defense counsel’s Rule 604(d) certificate complied when no separate sentencing hearing occurred.
- The court affirmed the trial court: the amendment was substantive (not retroactive) and counsel’s certificate complied because there was no separate sentencing hearing; thus no remand was required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2017 amendment to 725 ILCS 5/113-4(c) (requiring admonishment of certain collateral consequences, including employment impact) applies retroactively | Amendment is substantive; legislature created a new right, so it is not retroactive | Amendment is procedural and should be applied retroactively so defendant may withdraw plea or be re-admonished | Amendment is substantive (creates a new right); not applied retroactively; trial court ruling affirmed |
| Whether counsel strictly complied with Ill. S. Ct. Rule 604(d) (certificate stating counsel reviewed plea and sentencing transcripts) | Counsel substantially complied; no separate sentencing hearing existed so review of plea transcript sufficed | Counsel failed strict compliance because certificate did not state review of sentencing-hearing transcript | Counsel complied: no separate sentencing hearing occurred, so certifying review of plea proceedings satisfied Rule 604(d); no remand required |
Key Cases Cited
- People v. Perry, 2018 IL 122349 (clarifies Illinois retroactivity analysis and presumption against retroactivity when legislature is silent)
- People v. Hunter, 2017 IL 121306 (retroactivity questions reviewed de novo)
- People ex rel. Alvarez v. Howard, 2016 IL 120729 (savings clause applies to repeals and amendments)
- In re H.L., 2015 IL 118529 (strict compliance with Rule 604(d) required)
- People v. Atkins, 217 Ill. 2d 66 (procedural effects of a substantive change do not render it procedural)
- People v. Janes, 158 Ill. 2d 27 (failure to comply with Rule 604(d) requires remand for new postplea proceedings)