People v. Munetsi

669 N.E.2d 1258, 283 Ill. App. 3d 326, 218 Ill. Dec. 732, 1996 Ill. App. LEXIS 651
CourtAppellate Court of Illinois
DecidedAugust 30, 1996
Docket4-95-0022
StatusPublished
Cited by10 cases

This text of 669 N.E.2d 1258 (People v. Munetsi) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Munetsi, 669 N.E.2d 1258, 283 Ill. App. 3d 326, 218 Ill. Dec. 732, 1996 Ill. App. LEXIS 651 (Ill. Ct. App. 1996).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Defendant Robert Munetsi appeals the trial court’s denial of his motion to reduce sentence following a guilty plea. We reverse and remand.

In July 1994, defendant pleaded guilty to armed robbery, a violation of section 18—2(a) of the Criminal Code of 1961 (Code) (720 ILCS 5/18—2(a) (West 1992)), and three counts of aggravated unlawful restraint, a violation of section 10—3.1 of the Code (720 ILCS 5/10—3.1 (West 1992)). In April 1994, defendant entered the rear door of the Long John Silver’s restaurant at 2889 North Main Street in Decatur, Illinois, while two employees were taking out garbage after closing time. Defendant was brandishing a semi-automatic pistol and wearing a bandanna on his face and a hood pulled over his head. He directed the employees into the restaurant and to the manager’s office, where he ordered the manager to open the safe. Defendant then bound the hands of the manager and the two employees behind their backs, and ordered them to kneel. He turned up the volume of a television that was already on in the manager’s office. Defendant then showed the gun to the manager, so he could see there was no magazine in the gun, and told the manager he was not going to hurt them. Defendant took approximately $1,900 from the store safe and ran out the rear door of the restaurant. The police caught him minutes later with the gun and the cash within a few blocks of the restaurant. Defendant later confessed.

In September 1994, the trial court sentenced defendant to 11 years’ imprisonment for armed robbery and 3 years’ imprisonment on each of the three counts of aggravated unlawful restraint, with all terms to run concurrently. From the bench, the trial court stated more than a minimum term of imprisonment was necessary because of the nature of the offense, the need to deter others, and the need to protect the public.

In November 1994, defendant filed a motion to reconsider sentence. Filed either at the same time or within several days of the motion to reconsider sentence was the following:

"CERTIFICATE OF ATTORNEY
HUGH H. ROWDEN, JR., attorney for Defendant, ROBERT M. MUNETSI, pursuant to Supreme Court Rule 604(d) states as follows:
1. He is and has been an attorney for ROBERT M. MUNETSI in this cause.
2. He participated in all stages of the proceedings herein and is familiar with those proceedings, including the sentencing hearing.
3. He has discussed the sentencing hearing and the sentence of this Court with the Defendant, and the Defendant has requested that this Court reduce or modify his sentence.
4. Accordingly, counsel prepared and filed a Motion to Reduce Sentence in this cause.”

At the hearing on the motion to reconsider sentence, the State’s Attorney objected that defense counsel’s certificate filed in accordance with Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)) had been filed without a transcript of defendant’s guilty plea and earlier sentencing hearing being prepared as Rule 604(d) requires. Defense counsel responded it would be "silly” to require a transcript be made because he was the same counsel in the earlier proceedings and was aware of all the evidence. The trial court believed there was "at least half compliance” with Rule 604(d) and neither party had an incentive to raise the issue on appeal. The trial court also believed defendant "would waive” the requirement a transcript be prepared of his sentencing hearing. The State’s Attorney attempted to persuade the trial court a transcript was necessary and an appellate court would reverse and remand were the issue raised on appeal. Defense counsel responded:

"[State’s Attorney] is saying, 'We don’t have a transcript of proceedings.’ I can tell the court on behalf of [defendant] that we would waive that requirement. We could put [defendant] on the stand under oath that we want to proceed today on the substance of the motion.”

The trial court was satisfied with the Rule 604(d) certificate which had been filed and because only a motion to reconsider sentence had been filed rather than a motion to withdraw guilty plea, no transcript of the guilty plea was necessary. The State’s Attorney again asserted Rule 604(d) required a transcript of the guilty plea proceedings regardless of the issue raised by defendant. The trial court allowed the hearing to proceed over the State’s Attorney’s objections. At the conclusion of the hearing, the trial court denied defendant’s motion to reconsider sentence. Defendant now appeals, asserting he is entitled to a new sentencing hearing because Rule 604(d) was not complied with in that his defense counsel did not review a transcript of his earlier trial court proceedings.

Supreme Court Rule 604(d) sets out the procedure for an appeal by a defendant from a judgment or sentence entered upon a plea of guilty. Rule 604(d) states after a defendant has filed a motion to withdraw guilty plea or a motion to reconsider sentence:

"If the defendant is indigent, the trial court shall order a copy of the transcript as provided in Rule 402(e) be furnished the defendant without cost. The defendant’s attorney shall file with the trial court a certificate stating that the attorney has consulted with the defendant either by mail or in person to ascertain his contentions of error in the sentence or the entry of the plea of guilty, has examined the trial court file and report of proceedings of the plea of guilty, and has made any amendments to the motion necessary for adequate presentation of any defects in those proceedings.” (Emphasis added.) 145 Ill. 2d R. 604(d).

The filing of either a motion to withdraw guilty plea or a motion to reconsider sentence prior to filing a notice of appeal is a necessary precondition to appellate jurisdiction. See People v. Wilk, 124 Ill. 2d 93, 105, 108-09, 529 N.E.2d 218, 222, 224 (1988) (motion to withdraw guilty plea); People v. Wallace, 143 Ill. 2d 59, 570 N.E.2d 334 (1991) (motion to reconsider sentence).

Regarding the rest of the Rule 604(d) requirements, our supreme court has recently and emphatically reiterated strict compliance with Rule 604(d) is necessary:

" 'At the risk of stating the obvious, it should be pointed out that the rules adopted by this court concerning criminal defendants and guilty pleas are in fact rules of procedure and not suggestions. It is incumbent upon counsel and courts alike to follow them.’ [Citation.]
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Bluebook (online)
669 N.E.2d 1258, 283 Ill. App. 3d 326, 218 Ill. Dec. 732, 1996 Ill. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-munetsi-illappct-1996.