People v. Tousignant
Annotate this CaseDefendant entered an open plea of guilty to unlawful delivery of a controlled substance (720 ILCS 570/401(d) and unlawful possession with intent to deliver a controlled substance (720 ILCS 570/401(c)(1) (count II). The circuit court merged the counts, entered a conviction on count II, and sentenced defendant to 12 years’ imprisonment. Defense counsel filed a motion to reconsider the sentence, alleging it was “excessive” and a certificate pursuant to Illinois Supreme Court Rule 604(d). At the hearing, defendant asked that his sentence be reduced to seven years so he would be immediately eligible for a drug treatment program. The circuit court denied the motion. The appellate court noted that while the 604(d) certificate stated that counsel consulted with defendant about defendant’s contentions of error in the sentence, it did not state that counsel consulted with defendant about defendant’s contentions of error in the guilty plea. The court remanded for a new post-plea motion and hearing. The Illinois Supreme Court affirmed, holding that Rule 604(d) requires counsel to certify that he consulted with the defendant regarding defendant’s contentions of error in the sentence and the guilty plea, not only regarding contentions of error relevant to the defendant’s post-plea motion.
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