People v. Easton

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Easton pled guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and four counts of unlawful use of a credit card. At sentencing, the court imposed concurrent 10-year prison terms for all six convictions. Defendant moved for reconsideration of the sentences. Defense counsel filed an Illinois Supreme Court Rule 604(d) certificate. The circuit court denied the motion. The appellate court vacated, holding that the certificate did not comply with Rule 604(d), which was amended during the pendency of the appeal, requiring that counsel certify that he “has consulted with the defendant ... to ascertain defendant’s contentions of error in the sentence and the entry of the plea of guilty”. The Illinois Supreme Court affirmed, concluding that the certificate did not comply with the unamended rule. The amended rule, although procedural in nature, did not apply to the petition. The defendant’s post-plea proceedings in the circuit court were completed more than a year before Rule 604(d) was amended, so there were no “ongoing proceedings” to which the amended rule would apply. The result of the appellate court’s decision was to necessitate new proceedings in order to apply an amendment to a procedural rule that postdated the post-plea proceedings, which is not warranted under Illinois retroactivity jurisprudence. View "People v. Easton" on Justia Law