People v. Gorss
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Gorss pled guilty to aggravated driving under the influence arising from a 2016 accident that resulted in a death. He was sentenced to 11 years’ imprisonment. Gorss, through counsel, moved to reconsider his sentence. Counsel filed a certificate under Illinois Supreme Court Rule 604(d) The circuit court denied the motion. Gorss argued that his counsel failed to strictly comply with Rule 604(d) by failing to state, in the certificate, that he consulted with Gorss to ascertain his contentions of error with the entry of the guilty plea. The appellate court affirmed Gorss’s conviction and sentence, finding that the Rule 604(d) certificate did not violate the rule.
The Illinois Supreme Court reversed. Counsel must strictly comply with each provision of Rule 604(d); failure to do so requires a remand for the filing of a new motion to withdraw a guilty plea or to reconsider a sentence. The rule is clear: counsel must certify that consultation to ascertain the defendant’s contentions of error as to both the sentence and entry of the guilty plea took place. Here, counsel’s certificate as written leaves unclear whether he consulted with Gorss as to his contentions of error in the entry of his guilty plea.
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