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People v. Perry

Court of Appeals of Illinois, First District, Fifth Division

November 26, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
TORRIN OREAC PERRY, Defendant-Appellant

Page 425

Appeal from the Circuit Court of Cook County. No. 12 MC1 202382. Honorable Peggy Chiampas, Judge Presiding.

SYLLABUS

In defendant's appeal challenging the trial court's order striking the " notification of motions" defendant filed after he entered his guilty plea to aggravated assault with a firearm on the ground that he did not file any motions to accompany the notifications and set forth the relief defendant requested, the appellate court remanded the cause for the appointment of counsel and to allow defendant 30 days to file an appropriate postplea motion, since the trial court erred when it summarily denied defendant's request for the appointment of counsel and did not adequately admonish defendant of his postplea rights pursuant to Supreme Court Rule 605(c), including the right to appeal, the right to have the judgment vacated and the plea withdrawn, and the right to the appointment of counsel.

For APPELLANT: Abishi C. Cunningham, Jr., Public Defender of Cook County, Chicago, Illinois (Ingrid Gill, Assistant Public Defender).

For APPELLEE: Anita Alvarez, Cook County State's Attorney, Chicago, Illinois (Alan J. Spellberg, Jessica R. Ball, and Marci Jacobs, Assistant State's Attorneys).

JUSTICE REYES delivered the judgment of the court, with opinion. Presiding Justice Palmer and Justice McBride concurred in the judgment and opinion.

OPINION

REYES, JUSTICE.

Page 426

[¶1] After pleading guilty to aggravated assault with a gun, defendant Torrin Perry appeals, challenging the trial court's striking of his postplea " notification of motions." Perry argues the trial court should have appointed counsel and failed to properly admonish him of his postplea rights. For the following reasons, we remand to the circuit court of Cook County for further proceedings.

[¶2] BACKGROUND

[¶3] On June 10, 2012, defendant Torrin Perry was charged with one count of aggravated assault with a gun (AAWG) (720 ILCS 5/12-2(a)(1) (West 2010)) and two counts of failing to register a firearm (UUW) (Chicago Municipal Code § 8-20-040 (added July 2, 2010)). These charges stemmed from an incident where Perry brandished a firearm at his neighbor, Sueise M. Banks, thereby placing her in reasonable apprehension of receiving a battery.

[¶4] On July 24, 2012, Perry and the State reached a plea agreement. According to the agreement, defendant would plead guilty to AWWG in exchange for 90 days in the Cook County department of corrections, with 45 days considered served, and the State would dismiss the two counts of UUW. The trial court accepted the plea and, on July 24, 2012, sentenced Perry per the terms of the agreement.

[¶5] After sentencing, the trial court admonished Perry, stating:

" Sir, you have the right to appeal, that has to be filed within 30 days of today's date. If I grant the motion, the plea will be set aside, ...

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