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People v. Anderson

November 20, 1999

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
V.
SHANE M. ANDERSON, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Adams County No. 96CF390 Honorable Dennis K. Cashman, Judge Presiding.

The opinion of the court was delivered by: Justice Steigmann

JUSTICE STEIGMANN delivered the opinion of the court:

In March 1997, defendant, Shane M. Anderson, pleaded guilty to armed robbery (720 ILCS 5/18-2(a) (West 1996)) in an open plea, meaning that no agreement existed between defendant and the State regarding his sentence or the dismissal of other pending charges. The trial court accepted defendant's guilty plea and later sentenced him to 17 years in prison. Defendant filed a motion to reduce sentence, which the court denied in June 1997. Defendant appealed, and this court remanded the case with directions to allow defendant to file a new motion to reconsider sentence because defense counsel had not filed a certificate pursuant to Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)). People v. Anderson, No. 4-97-0574 (January 7, 1998) (unpublished summary order under Supreme Court Rule 23).

In February 1998, after remand, defendant filed a new motion to reconsider sentence, and in April 1998, the trial court denied that motion. Defendant sought to file a motion to withdraw his plea, but the trial court did not allow him to do so. Defendant appeals, claiming that he is again entitled to remand, this time because the court did not properly admonish him in accordance with Supreme Court Rule 605(b) when it originally accepted his guilty plea (145 Ill. 2d R. 605(b)). We agree and remand with directions.

I. BACKGROUND

In April 1997, at the conclusion of the sentencing hearing, the trial court stated the following:

"It is my obligation to advise you of your appeal rights. You have 30 days from today's date to file a motion or petition asking the court to allow you to withdraw your plea of guilty. And if I were to grant that motion, then you could proceed to trial as though no plea of guilty had been entered. And if I denied the motion you would have 30 days from that date to file a notice of appeal.

Before you could file a notice of appeal, within the next 30 days you would have to first file a motion asking the court to reduce the sentence that has been imposed. And if I were to find any good reason to do so, then the sentence could be modified downward. And if I denied that, then you would have a right to challenge the sentence that has been imposed on appeal.

In any event, you would be furnished with counsel, as well as a written record free of charge, if you were not able to afford an attorney to represent you on appeal."

As earlier stated, defendant filed a motion to reconsider sentence, which the trial court later denied. After defendant appealed and this court remanded with directions to allow defense counsel an opportunity to file the certificate required by Rule 604(d), defendant filed a new motion to reconsider sentence. In April 1998, the court conducted a hearing on that motion and denied it.

The court then advised defendant that he had the right to appeal, after which the following colloquy occurred:

"THE COURT: Do you understand your appeal rights?

THE DEFENDANT: Yes. I have one ...


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