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In re Vincent Y.

March 25, 2003

IN RE VINCENT Y., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE, V. VINCENT Y., RESPONDENT-APPELLANT).


Appeal from the Circuit Court of Du Page County. Nos. 00-JD-656 01-JD-247 01-JD-250 01-JD-563 01-JD-566 Honorable Thomas J. Riggs, Judge, Presiding.

The opinion of the court was delivered by: Justice Kapala

UNPUBLISHED

In this consolidated appeal, the minor, Vincent Y., appeals the orders of the circuit court of Du Page County denying his motions to reconsider the dispositions entered in five juvenile delinquency proceedings. We reverse and remand two of the causes for compliance with Supreme Court Rule 604(d) (188 Ill. 2d R. 604(d)) and, as a consequence, we also find it necessary to reverse and remand the remaining causes.

The minor admitted committing several criminal offenses that were the bases for charges of delinquency in two original delinquency petitions filed in Du Page County case Nos. 01--JD--563 and 01--JD--566. Upon the filing of three petitions to revoke probation, the minor admitted violating his probation in Du Page County case Nos. 00--JD--656, 01--JD--247, and 01--JD--250, based on his commission of the same offenses. After a sentencing hearing, the trial court entered simultaneously five separate orders committing the minor to the Illinois Department of Corrections, Juvenile Division (JDOC), and admonished the minor as to his right to appeal in accordance with Supreme Court Rule 605(b) (188 Ill. 2d R. 605(b)). Thereafter, counsel for the minor filed motions to reconsider the dispositions in all five cases but did not file Rule 604(d) certificates. The trial court denied the motions to reconsider, and the minor filed a notice of appeal in each case. We consolidated the appeals in this court.

Rule 604(d) provides in pertinent part:

"No appeal from a judgment entered upon a plea of guilty shall be taken unless the defendant, within 30 days of the date on which sentence is imposed, files in the trial court a motion to reconsider the sentence, if only the sentence is being challenged, or, if the plea is being challenged, a motion to withdraw the plea of guilty and vacate the judgment. *** The defendant's attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by mail or in person to ascertain defendant's contentions of error in the sentence or the entry of the plea of guilty, has examined the court file and report of proceedings of the plea of guilty, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings." 188 Ill. 2d R. 604(d).

Rule 605(b) provides the admonitions the trial court is required to give a defendant when imposing sentence on a defendant who has pleaded guilty. People v. Jamison, 181 Ill. 2d 24, 27 (1998). Rule 605(b) complements Rule 604(d) and serves as a corollary to the requirements of Rule 604(d). Jamison, 181 Ill. 2d at 27.

Compliance with the Rule 604(d) certificate requirement is required in juvenile proceedings. In re A.G., 195 Ill. 2d 313, 322 (2001). The remedy for failure to comply with the certificate requirement of Rule 604(d) is a remand to the trial court for compliance. People v. Janes, 158 Ill. 2d 27, 33-34 (1994). This court recently remanded a juvenile delinquency cause for compliance with Rules 605(b) and 604(d) where the trial court failed to admonish the minor in accordance with Rule 605(b) and the minor's counsel failed to file a Rule 604(d) certificate. In re Omar A. 335 Ill. App. 3d 732 (2002). Therefore, in accordance with the well-settled law of this state, we reverse the orders denying the minor's motions to reconsider the dispositions entered in case Nos. 01--JD--563 and 01--JD--566 and remand those causes for strict compliance with Supreme Court Rule 604(d).

The minor acknowledges that, because he admitted violating his probation in the remaining three cases, his counsel was not required to file Rule 604(d) certificates in those cases. Nevertheless, the minor argues that we should remand those three cases as well.

In People v. Tufte, 165 Ill. 2d 66, 74-78 (1995), our supreme court decided that the admission of a probation violation is not the same as a guilty plea and does not require the defendant to be admonished pursuant to Rule 605(b) of the need to file a motion to withdraw the plea of guilty and vacate the judgment or to reconsider the sentence before appealing, although allowing the defendant to file such motions is permissible. Similarly, because the filing of a motion to reconsider the disposition following a probation revocation hearing in a juvenile delinquency proceeding is unnecessary before taking an appeal, compliance with Rule 604(d) is not required. In re J.E.M.Y., 289 Ill. App. 3d 389, 391 (1997).

The minor contends that, given the procedural posture of the cases in the trial court, it is inappropriate to remand only the cases involving original delinquency petitions for compliance with Rule 604(d). In support of this contention the minor argues that (1) the trial court consolidated the minor's five cases during admissions, disposition, and the hearing on the motions to reconsider the dispositions; (2) any error by the trial court in the proceedings below would necessarily extend to the cases involving the probation revocations; and (3) the practical effect of remanding only the two cases where admissions were made to the original delinquency petitions would be to affirm the entire consolidated disposition, thereby depriving the minor of the protection of Rule 604(d) by precluding any change in the consolidated disposition despite any errors that might be discovered by counsel's compliance with the mandatory Rule 604(d) procedures.

The State concedes that, under the current law in this state, case Nos. 01--JD--563 and 01--JD--566 must be remanded for compliance with Rule 604(d). However, the State argues that, because the filing of a Rule 604(d) certificate is unnecessary following the admission to a probation violation, this appeal must be dismissed as to case Nos. 00--JD--656, 01--JD--247, and 01--JD--250.

To support his contention that all five cases should be remanded, the minor cites People v. Davis, 298 Ill. App. 3d 630 (1998). In his brief, the minor mischaracterizes the holding in Davis as remanding for Rule 604(d) compliance two cases where guilty pleas were entered and one case where a conditional discharge was revoked. The minor is correct in stating that all three cases in Davis were remanded, but the conditional discharge revocation case was not remanded for Rule 604(d) compliance. However, we believe that Davis does support the contention that all five of the minor's cases should be remanded.

In Davis the defendant pleaded guilty, in consolidated cases, to three criminal offenses charged in Logan County case No. 97--CF--108 and to another criminal offense in case No. 97--CF--117, and she admitted violating her conditional discharge in case No. 95--CF--138. Davis, 298 Ill. App. 3d at 630-31. The defendant's admission to a violation of her conditional discharge was based on the facts supporting the guilty plea in case No. 97--CF--117. Davis, 298 Ill. App. 3d at 632. Thereafter, the defendant was sentenced to consecutive and concurrent prison terms totaling 10 years. Davis, 298 Ill. App. 3d at 631. The defendant's attorney filed a single motion to reconsider the sentences, ...


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