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03/23/95 PEOPLE STATE ILLINOIS v. DOUGLAS O. TUFTE

March 23, 1995

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT,
v.
DOUGLAS O. TUFTE, APPELLEE.



The Honorable Justice McMORROW delivered the opinion of the court:

The opinion of the court was delivered by: Mcmorrow

JUSTICE McMORROW delivered the opinion of the court:

In this case we are asked to decide whether a defendant's admission that he violated the terms of his conditional discharge should be construed as a "plea of guilty," so as to trigger the trial court's duty, under Illinois Supreme Court Rule 605(b) (134 Ill. 2d R. 605(b)), to admonish the defendant that he is required to file a motion to vacate his guilty plea, or a motion to reconsider his sentence, before the defendant may appeal from the trial court's judgment.

I

According to the record, defendant, Douglas Tufte, was divorced from his wife, Patricia, in 1988. Defendant's wife retained custody of their four children. She later remarried and lived with her second husband and her children in Ogle County, Illinois.

In 1989, the circuit court of Ogle County entered an order of protection against the defendant and in Patricia's behalf. In October 1991, the State filed an information against the defendant charging him with violating the order of protection (720 ILCS 5/12-30 (West 1992)). Defendant appeared pro se for the hearing on this charge in March 1992 and pled guilty. The court sentenced defendant to 60 days' incarceration and a period of conditional discharge (730 ILCS 5/5-6-2, 5-6-3 (West 1992)) and ordered defendant to refrain from alcohol consumption. The court also prohibited defendant from having any contact with his former wife, except to arrange visitation with their children. The court directed that defendant's term of incarceration would commence on March 27, 1992.

Defendant did not appear to begin serving his sentence, and in April 1992, the State filed a petition to revoke defendant's conditional discharge. At a hearing on the petition to revoke, defendant appeared pro se. Although the defendant informed the court of his desire to plead guilty to the charge as filed by the State, the defendant told the court that he did not believe he could receive a fair trial in Ogle County. The trial court continued the matter until a later date and appointed an assistant public defender to represent the defendant.

When the trial court later held additional proceedings on the petition to revoke conditional discharge, the defendant admitted that he had violated the terms of his conditional discharge, and elected to have the trial court decide the sentence he should receive. The trial court reviewed the defendant's presentence report and heard testimony of witnesses for the prosecution and the defense. In an order entered June 15, 1992, the trial court sentenced the defendant to 180 days' home detention (730 ILCS 5/5-7-1 (West 1992)) to commence instanter. The court ordered the defendant to remain at his residence at all times unless the defendant was at work or was in the custody of his mother. The defendant was also ordered to consume no alcohol, to remain outside of Ogle County at all times (except to appear for court proceedings) and to pay the costs of the proceedings. Two days later, on June 17, 1992, defendant filed a notice of appeal from the trial court's judgment and sentence.

The appellate court determined that a defendant's admission that he has violated the terms of his conditional discharge is governed by Supreme Court Rule 605(b), which requires that the trial court give the defendant specific admonitions regarding his right to an appeal when he has entered a plea of guilty. Because the trial court here had not so admonished the defendant, the appellate court reversed the trial court's judgment and remanded the cause with directions that the defendant be permitted to file a motion to withdraw his admissions to having violated his conditional discharge and/or to reconsider his sentence. (253 Ill. App. 3d 583.) We allowed the State's petition for leave to appeal (145 Ill. 2d R. 315).

II

The defendant contends that the trial court should have given him the admonitions stated in Rule 605(b). Defendant argues that this rule is an integral component of this court's rules regarding trial court treatment of pleas of guilty in criminal proceedings. Defendant asserts that Rule 605(b) is a necessary corollary to Rule 604(d), which also applies to proceedings where the defendant has entered a plea of guilty. The State argues that neither Rule 605(b) nor Rule 604(d) applied to the defendant's admission that he violated the terms of his conditional discharge.

We begin our analysis with a review of the terms of Rules 604 and 605. Rule 604 governs appeals from certain judgments and orders. With regard to appeals from an order of conditional discharge or periodic imprisonment, Rule 604(b) states that a defendant who has been sentenced to probation, conditional discharge, or periodic imprisonment may file an appeal from the trial court's judgment and may challenge either his sentence, his guilt of the underlying criminal charges, or both. In addition, the defendant may appeal from "an order modifying the conditions of or revoking such an order or sentence." 134 Ill. 2d R. 604(b).

Rule 604(d) provides guidelines where the defendant seeks to appeal from a judgment entered upon his plea of guilty. It states in pertinent part that a defendant who has been convicted following his entry of a guilty plea, and who wishes to challenge the trial court's acceptance of his plea, must file a motion to vacate the plea before he may seek to appeal from the trial court's judgment against him. Where the defendant wishes to challenge the sentence he received, he must first file a motion to reconsider the sentence. If the defendant's motion relies on facts that do not appear of record, then he must file an affidavit supporting his position. An issue that is not raised in the motion to reconsider cannot be raised on appeal. 134 Ill. 2d R. 604(d).

In contrast to Rule 604, Rule 605 sets forth the admonitions the trial court must give to the defendant regarding his right to appeal. Rule 605(a) applies where a defendant's conviction results from a finding of guilty that is not based upon the entry of a guilty plea. It states that the trial court should inform the defendant inter alia that he has a right to appeal and to have a transcript furnished at no cost if he is indigent. (134 Ill. 2d R. 605(a).) The trial court should also advise the defendant that in ...


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