from the Circuit Court of the 14th Judicial Circuit,
Whiteside County, Illinois, Appeal No. 3-16-0051 Circuit No.
08-CF-467 Honorable John L. Hauptman, Judge, Presiding.
JUSTICE O'BRIEN delivered the judgment of the court, with
opinion. Presiding Justice Carter and Justice McDade
concurred in the judgment and opinion.
1 Defendant, Jose A. Carrizoza, appeals the denial of his
postconviction petition, alleging that the case should be
remanded for further postconviction proceedings where counsel
filed a Rule 604(d) certificate instead of a Rule 651(c)
certificate and failed to amend defendant' s pro
se petition See Ill. S.Ct. R. 604(d) (eff. Dec. 3,
2015); R. 651(c) (eff. Feb. 6, 2013). We reverse and remand
3 Defendant was charged with unlawful possession of a
controlled substance with intent to deliver (720 ILCS
570/401(a)(2)(D) (West 2008)). Defendant filed a motion to
suppress, and a hearing was held. The evidence presented at
the hearing established that Deputy Douglas Wade was working
with the Whiteside County Sheriff's Department drug
interdiction detail and observed defendant approach a stop
sign in a truck and fail to signal continuously for 200 feet
prior to stopping at the stop sign, in violation of section
11-804 of the Illinois Vehicle Code (625 ILCS 5/11-804 (West
2008)). Wade then radioed Sergeant Kristopher Schmidt about
the violation. Schmidt then effectuated a traffic stop.
During the stop, Schmidt called Deputy Mike Boucher and his
canine, Pico. Pico performed a free-air sniff and showed a
positive indication to the presence of a controlled substance
near the passenger side tire.
4 After Pico alerted, Schmidt asked defendant if he had any
contraband, and defendant said that he did not. Defendant
permitted Schmidt and Boucher to search his truck. Upon the
initial search, they discovered that the truck's bolts,
molding, and carpet appeared to have been removed and
replaced and did not fit properly. Chief Deputy Larry Van
Dyke searched the bed of the truck and took the spare tire to
an auto body shop to see if there was anything hidden inside
it. Van Dyke thought the tire felt heavier than it should.
5 Schmidt read defendant his Miranda rights
(Miranda v. Arizona, 384 U.S. 436 (1966)) but told
him he was not under arrest. Schmidt asked defendant if he
would follow him to the auto body shop so they could continue
the search. Defendant drove his truck to the auto body shop.
At the auto body shop, it was discovered that a toolbox in
the bed of the truck had a hidden compartment that contained
"six kilos of cocaine individually packaged."
Defendant was placed under arrest. After allowing the parties
to file written arguments, the court denied the motion to
6 Defendant entered an open plea. After a sentencing hearing
was held on May 13, 2010, the court sentenced defendant to 25
years' imprisonment with 3 years' mandatory
supervised release. Defendant did not directly appeal.
7 On June 30, 2014, defendant filed a pro se
postconviction petition. The postconviction petition, which
is the subject of this appeal, stated:
"I *** was advised by [my trial attorney] to put in
post-conviction petition. She advise[d] me that the Whiteside
County, Police, and County Sheriff's testimonies were
false, and the case was mishandle[d]. The search, seizure was
done improperly and evidence was mis-withheld. I believe my
time for the charge was unjustly."
also asked for counsel to be appointed.
8 The court allowed the postconviction petition to proceed to
the second stage and appointed counsel. Postconviction
counsel did not amend the petition but filed a certificate
pursuant to Illinois Supreme Court Rule 604(d) (eff. Dec. 3,
"1. I have consulted with the Defendant in this cause in
person or by mail to ascertain the Defendant's
contentions of error in the entry of the plea of ...