People v. Lindsay

State: Illinois

Docket No: 110089 Rel

Case Date: 01/21/2011

Preview:Docket No. 110089.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT W. LINDSAY, Appellee. Opinion filed January 21, 2011.

JUSTICE THOMAS delivered the judgment of the court, with opinion. Chief Justice Kilbride and Justices Freeman, Garman, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION The issue in this case is whether, on remand for the failure to file a Rule 604(d) certificate of compliance, defense counsel also must file a new motion to withdraw the guilty plea and/or reconsider the sentence. We hold that, where counsel concludes that the original motion is sufficient, a new motion need not be filed. BACKGROUND Defendant, Robert W. Lindsay, pleaded guilty to one count of delivering a controlled substance (720 ILCS 570/401(a)(2)(C) (West 2006)) and was sentenced to 14 years in prison. Defense counsel filed

a motion to reconsider the sentence but did not file a Rule 604(d) certificate of compliance. Ill. S. Ct. R. 604(d) (eff. July 1, 2006). The circuit court of Du Page County denied defendant's motion, and defendant appealed. In an unpublished order, the appellate court reversed and remanded for compliance with Rule 604(d). People v. Lindsay, No. 2

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