{
  "id": 2605169,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PEARL D. REED, Defendant-Appellant",
  "name_abbreviation": "People v. Reed",
  "decision_date": "1991-05-17",
  "docket_number": "No. 3\u201490\u20140721",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PEARL D. REED, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE McCUSKEY\ndelivered the opinion of the court:\nThe defendant, Pearl D. Reed, pled guilty to escape (Ill. Rev. Stat. 1989, ch. 38, par. 31\u20146(a)) and was sentenced to serve four years in prison. She subsequently filed a motion to vacate the judgment and withdraw her guilty plea. Following a hearing, the trial court denied her motion. She appeals.\nOne of the defendant\u2019s arguments on appeal is that the cause should be remanded for further post-plea proceedings because her attorney failed to comply with Supreme Court Rule 604(d) (134 Ill. 2d R. 604(d)). The State has now filed a motion to amend the record on appeal by adding the defense attorney\u2019s Rule 604(d) certificate. The State acknowledges that no Rule 604(d) certificate was filed with the trial court.\nIn the past, this court has allowed the State to file Rule 604(d) certificates on appeal. (People v. Chesnut (1977), 47 Ill. App. 3d 324, 361 N.E.2d 1185.) In those days, however, we followed a general rule that substantial compliance with Rule 604(d) was sufficient. We recently decided People v. Vickery (1991), 207 Ill. App. 3d 574, 566 N.E.2d 495, in which defense counsel failed to file a Rule 604(d) certificate in the trial court. There we held that in light of the supreme court\u2019s decision in People v. Wilk (1988), 124 Ill. 2d 93, 529 N.E.2d 218, a relaxed standard of compliance with the strictures of Rule 604(d) was no longer acceptable. We therefore reversed the trial court\u2019s judgment denying the defendant\u2019s motion to withdraw his guilty plea and remanded the cause for further post-plea proceedings.\nVickery did not deal with the instant question of whether a defense attorney may file a Rule 604(d) certificate after the case has been brought up on appeal. The fifth district has addressed this issue, however. In People v. Hayes (1990), 195 Ill. App. 3d 957, 553 N.E.2d 30, the court denied the State\u2019s motion to file a Rule 604(d) certificate during the appeal. Though it entered that order prior to deciding the merits of the appeal, it addressed the issue in its opinion. The court noted that it no longer approached these cases in terms of whether the error in failing to comply with Rule 604(d) was harmless or prejudicial, but instead followed a rule of strict compliance. The court then relied on defense counsel\u2019s failure to file a Rule 604(d) certificate as one of its reasons for reversing the trial court and remanding the cause for a new hearing.\nThe fourth district has taken a similar position. In People v. Hancock (1991), 208 Ill. App. 3d 1092, 567 N.E.2d 633, defense counsel failed to file a Rule 604(d) certificate and also failed to review the report of proceedings of the guilty plea hearing. The appellate court held that failure to comply with Rule 604(d) in this fashion constituted reversible error. Although the court appears to have been more concerned with counsel\u2019s failure to examine the report of proceedings, the opinion indicates that failure to file the certificate alone would have constituted reversible error.\nWe agree with the fourth and fifth districts that in light of Wilk, all of the requirements of Rule 604(d), including the filing of a certificate, must now be strictly met. One purpose of the Rule 604(d) certificate is to allow the trial court to determine whether the rule has been complied with and correct any problems which might be revealed by the certificate. As such, the certificate is a condition precedent to a hearing on the motion to withdraw. See People v. Hancock (1991), 208 Ill. App. 3d 1092, 567 N.E.2d 633.\nDue to our findings, it is unnecessary to further address the issues raised by the defendant. We hereby reverse the judgment of the circuit court of Peoria County denying the defendant\u2019s motion to withdraw her guilty plea. The cause is remanded for further post-plea proceedings consistent with this opinion, including a new hearing on the motion to withdraw the guilty plea.\nReversed and remanded.\nGORMAN and HAASE, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE McCUSKEY"
      }
    ],
    "attorneys": [
      "Peter A. Carusona, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Kevin W. Lyons, State\u2019s Attorney, of Peoria (John X. Breslin, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PEARL D. REED, Defendant-Appellant.\nThird District\nNo. 3\u201490\u20140721\nOpinion filed May 17, 1991.\nPeter A. Carusona, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nKevin W. Lyons, State\u2019s Attorney, of Peoria (John X. Breslin, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0855-01",
  "first_page_order": 877,
  "last_page_order": 879
}