People v. Tousignant
2014 IL 115329
| Ill. | 2014Background
- Mitchell Tousignant pleaded guilty to delivery/possession with intent to deliver a controlled substance; counts were merged and he was sentenced to 12 years' imprisonment.
- Counsel filed a motion to reconsider the sentence (alleging excessiveness) and a Rule 604(d) certificate the same day stating counsel had consulted with defendant about contentions of error in the sentence (but not mentioning the plea).
- The trial court denied the motion; defendant appealed.
- The Fourth District reversed and remanded, holding counsel’s Rule 604(d) certificate did not strictly comply because it did not state counsel consulted about the guilty plea.
- The Illinois Supreme Court granted leave, affirmed the appellate court, and held Rule 604(d)’s consultation language requires counsel to certify consultation about both sentence and guilty-plea contentions.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Tousignant) | Held |
|---|---|---|---|
| Whether Rule 604(d) requires counsel to certify consultation about contentions of error in the sentence, the guilty plea, or both | "Or" is disjunctive: certificate need only cover the subject of the post-plea motion (here, the sentence) | Certificate was insufficient because it did not show counsel consulted about possible plea-related defects | The Court held "or" must be read as "and" in the consultation clause; counsel must certify consultation about both sentence and plea to effectuate Rule 604(d)'s purpose |
| Whether strict compliance was required here given counsel certified consultation about the sentence | State: certification about sentence satisfied Rule 604(d) when only sentence is challenged | Appellate court/defendant: certification limited to sentence could miss plea defects and fails Rule 604(d) | Court agreed with appellate court: strict compliance lacking where certificate omitted consultation about plea |
| Proper interpretive approach to the word "or" in Rule 604(d) | Literal, disjunctive meaning controls; don’t rewrite the rule | Read "or" as "and" where necessary to effectuate rule’s purpose of surfacing plea defects before appeal | Court applied precedent allowing "or"/<->"and" substitution to preserve rule’s intent, treating "or" as "and" in the consultation clause |
| Remedy when certificate fails strict compliance | State: no remand necessary if no actual prejudice | Defense/Appellate: remand for new post-plea process (new motion/hearing and proper certification) | Court affirmed remand: reversal and remand for new post-plea opportunity and strict compliance with Rule 604(d) |
Key Cases Cited
- People v. Wilk, 124 Ill. 2d 93 (Ill. 1988) (explaining Rule 604(d)’s purpose to let trial court correct plea-related improprieties before appeal)
- People v. Shirley, 181 Ill. 2d 359 (Ill. 1998) (noting certificate assures trial court counsel reviewed defendant’s claims and considered relevant bases for motion)
- John P. Moriarty, Inc. v. Murphy, 387 Ill. 119 (Ill. 1944) (permitting "or" and "and" to be read interchangeably where literal reading thwarts legislative intent)
- County of Du Page v. Illinois Labor Relations Board, 231 Ill. 2d 593 (Ill. 2008) (same principle on flexible interpretation of conjunctive/disjunctive words)
- People v. Campbell, 224 Ill. 2d 80 (Ill. 2006) (rules interpreted like statutes; give effect to drafters’ intent)
- People v. Marker, 233 Ill. 2d 158 (Ill. 2009) (plain-meaning rule; interpret in context)
- People v. Baskerville, 2012 IL 111056 (Ill. 2012) (use plain and ordinary meaning; consider purpose)
- Elementary School District 159 v. Schiller, 221 Ill. 2d 130 (Ill. 2006) ("or" generally disjunctive)
- People v. Herron, 215 Ill. 2d 167 (Ill. 2005) (discussion of conjunctive/disjunctive meanings)
- Parcel of Property Commonly Known as 1945 North 31st Street, Decatur, Macon County, Illinois, 217 Ill. 2d 481 (Ill. 2005) ("and" generally conjunctive)
- People v. Clendenin, 238 Ill. 2d 302 (Ill. 2010) (distinguishing client decisions from counsel’s tactical decisions)