People v. Starks

800 N.E.2d 1239, 344 Ill. App. 3d 766, 279 Ill. Dec. 656, 2003 Ill. App. LEXIS 1528
CourtAppellate Court of Illinois
DecidedDecember 5, 2003
Docket4-02-0686
StatusPublished
Cited by6 cases

This text of 800 N.E.2d 1239 (People v. Starks) 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. Starks, 800 N.E.2d 1239, 344 Ill. App. 3d 766, 279 Ill. Dec. 656, 2003 Ill. App. LEXIS 1528 (Ill. Ct. App. 2003).

Opinion

JUSTICE MYERSCOUGH

delivered the opinion of the court:

Defendant, Troi Starks, appeals from a final judgment of conviction on his plea of guilty to one count of armed robbery and sentence of 20 years in prison. We affirm as modified and remand with directions.

I. BACKGROUND

On October 4, 2001, defendant pleaded guilty to one count of armed robbery with a dangerous weapon (720 ILCS 5/18 — 2(a)(2) (West 2000)) as part of an open plea agreement with the State. The State agreed to dismiss six other counts in the indictment. On November 5, 2001, the trial court sentenced defendant to 20 years in the Department of Corrections (DOC).

Defendant later filed a notice of appeal and sent a letter to the trial judge alleging ineffective assistance of trial counsel and seeking a sentence reduction. He alleged that his trial counsel, the public defender, had told defendant that the sentence would be 10 to 15 years rather than 20 years and that no witnesses che ¿, defendant wanted to testify were called at the sentencing hearing.

On December 18, 2001, the trial court held a hearing as a result of that letter and granted the public defender’s motion to withdraw based upon defendant’s allegation of ineffective assistance of counsel. New counsel was appointed, and on February 8, 2002, defendant filed a motion to withdraw plea. On August 12, 2002, defendant’s new counsel filed a “[cjertificate of [cjompliance with Rule 604(d),” which stated:

“I [,] the undersigned attorney [,] hereby certify that I have consulted by mail and in person to learn his contentions of error and I have been furnished a copy of the transcripts of the proceedings of the plea hearing and the sentencing of the defendant and the file in this matter. I have filed the appropriate [m]otion to [withdraw. Respectfully [s]ubmitted, Troi Starks By David N. Rumley [,] his attorney[.]”

The trial court denied defendant’s motion to withdraw his plea or alternatively to reduce his sentence. This appeal follows.

II. ANALYSIS

A. The Record Shows Strict Compliance With the Certificate Requirement of Rule 604(d)

Legal questions on trial court compliance with supreme court rules are reviewed de novo. People v. Hayes, 336 Ill. App. 3d 145, 147, 782 N.E.2d 787, 789 (2002).

Supreme Court Rule 604(d) states:

“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 defendant’s 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.” 188 Ill. 2d R. 604(d).

In People v. Janes, 158 Ill. 2d 27, 630 N.E.2d 790 (1994), our supreme court has interpreted the rule strictly:

“[A] rule that counsel need not strictly comply merely generates disputes on review, like the instant one, over whether the record shows that there has been substantial compliance with the provisions of Rule 604(d). Accordingly, where the record herein does not show strict compliance with the certificate requirement of Rule 604(d), we reverse that portion of the trial court’s judgment denying defendant’s motion to withdraw his guilty plea.” Janes, 158 Ill. 2d at 35, 630 N.E.2d at 793.

Since Janes, the appellate courts have struggled with strict compliance with Rule 604(d) when faced with a record'showing actual compliance with Rule 604(d). Clearly, if the record demonstrates that the purpose of Rule 604(d) is satisfied, remand for a word change when no specific form has been mandated by opinion, order, or rule is a waste of judicial resources.

This does not ignore the supreme court’s reaffirmation of Janes in People v. Shirley, 181 Ill. 2d 359, 370-71, 692 N.E.2d 1189, 1195 (1998), or signal a return to an analysis of whether failure to comply with Rule 604(d) was harmless or prejudicial.

The State cites People v. Wyatt, 305 Ill. App. 3d 291, 712 N.E.2d 343 (1999), for the proposition that the words used in the certificate need not be synonymous so long as the record clearly demonstrates, on its face, strict compliance with Rule 604(d): “The certificate need not recite word for word the verbiage of the rule.” Wyatt, 305 Ill. App. 3d at 297, 712 N.E.2d at 347-48. The State is correct that Wyatt stands for the proposition that “[a] Rule 604(d) certificate functions as a basis upon which the trial court can determine that defense counsel has performed his duties under the rule and gives the record a clear indication of the extent of counsel’s performance.” Wyatt, 305 Ill. App. 3d at 297, 712 N.E.2d at 347.

Here, defendant argues the Rule 604(d) certificate is flawed because it states only “furnished a copy of the transcripts,” but does not state that defense counsel had “examined the trial court file and report of proceedings of the plea of guilty (188 Ill. 2d R. 604(d)).” However, the record and transcript of the proceedings in the trial court clearly demonstrate strict compliance. The motion to withdraw the guilty plea specifically references receipt of the record of the sentencing hearing, to wit:

“5. On or about January 17, 2002, [d]efendant’s counsel received the record of [defendant’s sentencing hearing conducted November 05, 2001.
7. That the court gave insufficient weight to the mitigation evidence and arguments at sentencing.
8. That the court gave excessive weight to the biased and misleading aggravation evidence and argument at sentencing.”

Moreover, the transcript was used by the State to cross-examine defendant and was admitted as an exhibit during the hearing without objection by defendant’s counsel. Defendant’s counsel actively participated in the hearing on the motion to withdraw the guilty plea, and, at the conclusion of that hearing, in open court, defendant’s counsel filed his Rule 604(d) certificate. Indeed, defendant was present and in counsel’s company throughout the hearing. Defense counsel’s questions show knowledge of the transcript and of defendant’s arguments.

We agree with the supreme court’s concern that disputes on review should not degenerate into questions over whether the record shows substantial compliance. Janes, 158 Ill. 2d at 35, 630 N.E.2d at 793. Further, we noted in People v. Edwards, 228 Ill. App. 3d 492, 499, 592 N.E.2d 591

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Cite This Page — Counsel Stack

Bluebook (online)
800 N.E.2d 1239, 344 Ill. App. 3d 766, 279 Ill. Dec. 656, 2003 Ill. App. LEXIS 1528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-starks-illappct-2003.