Appeal from the Circuit Court of Winnebago County. No. 08-CF-4923. Honorable Rosemary Collins, Judge, Presiding.
On appeal from defendant's entry of a guilty plea to unlawful possession of a stolen motor vehicle in exchange for the dismissal of a burglary charge, the appellate court rejected defendant's contention that he was entitled to a new hearing on his motion to withdraw his plea because his attorney at the hearing failed to file a certificate pursuant to Supreme Court Rule 604(d) and that the certificate filed by cocounsel was defective due to the use of the disjunctive " and/or" or " or" in two places, since there is no requirement that when defendant is represented by multiple attorneys from the same office, such as the public defender's office in defendant's case, that each attorney must file a Rule 604(d) certificate, and the certificate was sufficient, where it comported exactly with text of Rule 604(d).
Dev A. Parikh, of Wilmington, Delaware, for appellant.
Joseph P. Bruscato, State's Attorney, of Rockford (Lawrence M. Bauer and Jay Paul Hoffmann, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE HUDSON delivered the judgment of the court, with opinion. Justice Birkett concurred in the judgment and opinion. Justice Jorgensen specially concurred, with opinion.
[¶1] Defendant, Martinez L. Mineau, was charged with burglary (720 ILCS 5/19-1(a) (West 2008)) and unlawful possession of a stolen motor vehicle (625 ILCS 5/4-103(a) (West 2008)). Pursuant to an agreement with the State, he pleaded guilty to the
unlawful-possession charge and the State dismissed the burglary charge. Defendant later moved to withdraw the plea. Following a hearing, the trial court denied the motion. Defendant appeals, contending that the cause should be remanded for a new hearing where an attorney who represented him at the hearing did not file a certificate pursuant to Illinois Supreme Court Rule 604(d) (eff. July 1, 2006) and the certificate that cocounsel filed was insufficient. We affirm.
[¶2] Defendant was indicted on January 8, 2009. Represented by Assistant Public Defender Erin Hannigan, he pleaded not guilty. Questions soon arose about defendant's fitness to stand trial but, following a hearing, the court found him fit.
[¶3] On August 24, 2010, defendant pleaded guilty to unlawful possession of a stolen motor vehicle in exchange for the dismissal of the burglary charge. There was no agreement about a sentence. Ultimately, the trial court sentenced defendant to 8 years' imprisonment, with credit for 668 days he spent in presentencing custody.
[¶4] Hannigan filed on defendant's behalf a motion to withdraw the plea or, alternatively, to reconsider the sentence. At a January 13, 2011, court appearance, Hannigan told the court that defendant's case was being reassigned to a new public defender, David Doll. Nonetheless, Hannigan filed an amended ...