guilty plea hearing in Illinois

2021“One basis for the withdrawal of a guilty plea is where defense counsel gives the defendant inadequate advice prior to entering the plea.” People v. Glover, 2017 IL App (4th) 160586, ¶ 39 . “ ‘A defendant may enter a guilty plea because of some erroneous advice by counsel, but that fact alone does not destroy the voluntary nature of the plea ***.’ ” Id. (quoting People v. Cunningham, 286 Ill.

2020“One basis for the withdrawal of a guilty plea is where defense counsel gives the defendant inadequate advice prior to entering the plea.” Id. ¶ 39. “ ‘A defendant may enter a guilty plea because of some erroneous advice by counsel, but that fact alone does not destroy the voluntary nature of the plea.’ ” Id. (quoting People v. Cunningham, 286 Ill.

2024Stroud distinguished Lindsey’s televised arraignment and jury waiver: “The number and gravity of the rights at stake at a guilty plea hearing are greater than when a defendant intends to plead not guilty at arraignment.” Id. at 406 . - 12 - 2024 IL App (2d) 220076 ¶ 32 The court found that, although the remote defendant was “not entirely absent,” he was “physically absent from the most decisive moment of the criminal proceedings against him.” (Emphasis added.) Id. at 409.

2022The waiver rule does not apply where “the plea itself was involuntary because of faulty admonishments.” People v. Stroud, 208 Ill. 2d 398, 403 (2004). ¶ 39 Defendant acknowledges the guilty plea waiver rule but argues that the deficient advice exception applies.

2024In so holding, we noted that in Class the United States Supreme Court looked back at its holdings on the nature of guilty pleas, which 4 1-22-1031 “ ‘stretche[d] back nearly 150 years,’ ” and found that they reflected, in broad outline, an understanding that “a guilty plea does not bar a claim on appeal ‘where on the face of the record the court had no power to enter the conviction or impose the sentence.’ ” (Internal quotation marks omitted.) Id. ¶ 20 (quoting Class, 583 U.S. at 180-81 ).

2022As this court has observed, “a guilty plea does not bar a claim on appeal ‘where on the face of the record the court had no power to *** impose the sentence.’ ” People v. Patterson, 2018 IL App (1st) 160610, ¶ 20 (quoting Class v. United States, 583 U.S. ___ , ___, 138 S. Ct. 798, 804 (2018)).

2010See Horton, 143 Ill. 2d at 20 , 570 N.E.2d at 324 (defendant’s first stipulated bench trial was not tantamount to a guilty plea because defense counsel merely stipulated to the State’s evidence and not to the legal conclusion to be drawn from that evidence and because defense counsel preserved a defense relating to the suppression of evidence; defendant’s second stipulated bench trial, however, was tantamount to a guilty plea because defense counsel stipulated to the sufficiency of the evidence to convict).

2010See Horton, 143 Ill. 2d at 20 , 570 N.E.2d at 324 (defendant’s first stipulated bench trial was not tantamount to a guilty plea because defense counsel merely stipulated to the State’s evidence and not to the legal conclusion to be drawn from that evidence and because defense counsel preserved a defense relating to the suppression of evidence; defendant’s second stipulated bench trial, however, was tantamount to a guilty plea because defense counsel stipulated to the sufficiency of the evidence to convict).

2024This court has held that “a guilty plea does not bar a claim on appeal ‘where on the face of the record the court had no power to *** impose the sentence.’ ” People v. Ruth, 2022 IL App (1st) 192023, ¶ 13 (quoting People v. Patterson, 2018 IL App (1st) 160610, ¶ 20 ).

2022As this court has observed, “a guilty plea does not bar a claim on appeal ‘where on the face of the record the court had no power to *** impose the sentence.’ ” People v. Patterson, 2018 IL App (1st) 160610, ¶ 20 (quoting Class v. United States, 583 U.S. ___ , ___, 138 S. Ct. 798, 804 (2018)).

2021As for the allegation that the three-year MSR term deprived the defendant of the benefit of his plea bargain (see generally Santobello v. New York, 404 U.S. 257, 262 (1971), and Whitfield, 217 Ill. 2d at 195 ), this court already has noted that the defendant, at the guilty-plea hearing, personally acknowledged that a three-year MSR term, commencing after his release from prison, was a part of his plea agreement with the State.

2020ANALYSIS ¶ 11 Defendant contends that, in the guilty-plea hearing, the circuit court “discussed [mandatory supervised release] exclusively in the context of the possible penalties that could have -3- been imposed if there were no agreement.” (Emphasis in original.) Therefore, on the authority of People v. Whitfield, 217 Ill. 2d 177, 184 (2005), defendant maintains that the three years of mandatory supervised release “denied [his] right to due process and the benefit of his plea bargain.” ¶ 12 We disagree with defendant’s interpretation of the circuit court’s admonitions.

2021For the failure to strictly comply with any other provision of Rule 604(d), “the remedy *** is a remand to the circuit court for the filing of a new motion to withdraw guilty plea or to reconsider sentence and a new hearing on the motion.” People v. Janes, 158 Ill. 2d 27, 33 (1994). ¶9 Defendant contends that the trial court failed to comply with the requirement that it order a copy of the transcripts of the guilty plea hearing and sentencing hearing be furnished to him free of cost.

2018Thus, by certifying that she had reviewed the report of proceedings of the plea of guilty, counsel also certified that she had reviewed the transcript of the court's discussion of defendant's sentence. ¶ 50 In reaching our holding, we acknowledge that in Grice , the fourth district held that "in this case and henceforth, the certificate itself is all that this court will consider to determine compliance with Rule 604(d)." Id. at 816 , 311 Ill.Dec. 157 , 867 N.E.2d 1143 .

2019Rather, the paragraph concludes that because the defendant was (1) was represented by counsel in the guilty-plea hearing and (2) fully and carefully admonished by the trial judge, his postconviction claim of actual innocence "cannot be entertained." Id. "[ I ] n the light of that admonition , the defendant's present claim [of actual innocence] cannot be entertained," as the supreme court put it.

2019See Cannon , 46 Ill. 2d at 321 , 263 N.E.2d 45 . ¶ 25 The guilty-plea waiver rule poses an equally formidable obstacle.

2014App. 3d 736, 737 , 896 N.E.2d 1062, 1065 (2008), trial counsel stated she needed to examine the transcript from the guilty plea hearing.

2014App. 3d 736, 737 , 896 N.E.2d 1062, 1065 (2008), trial counsel stated she needed to examine the transcript from the guilty plea hearing.

2022The dismissal of a postconviction petition at the second stage is warranted only if “the allegations in the petition, liberally construed in light of the trial record, fail to make a substantial showing of a constitutional violation.” People v. Hall, 217 Ill. 2d 324, 334 (2005). ¶ 30 In the instant case, the defendant claimed in his amended petition that plea counsel had provided constitutionally ineffective assistance by telling him, before the guilty-plea hearing, that “the plea agreement was for a term of three to eight years of incarceration,” and that he should not disagree with anything

2020To his postconviction petition, the defendant had attached “the transcript of the guilty plea hearing, a copy of the charging instrument, and an affidavit setting forth in detail the alleged misrepresentations of his attorney.” Hall, 217 Ill. 2d at 332-33 , 841 N.E.2d at 919 .

2005In support, the defendant alleged that his attorney induced him to plead guilty “by erroneously advising him that he had worked out a deal with the judge whereby defendant would be sentenced to a two-year term of probation.” In rejecting this argument, the court stated: “Our review of the record shows that the allegations made in the defendant’s petition are refuted by the defendant’s responses to the trial court’s questions at the guilty plea hearing, at the sentencing hearing, and at the hearing on the motion to withdraw the defendant’s guilty plea.” Ramirez, 162 Ill. 2d at 240 .

2005In support, the defendant alleged that his attorney induced him to plead guilty "by erroneously advising him that he had worked out a deal with the judge whereby defendant would be sentenced to a two-year term of probation." In rejecting this argument, the court stated: "Our review of the record shows that the allegations made in the defendant's petition are refuted by the defendant's responses to the trial court's questions at the guilty plea hearing, at the sentencing hearing, and at the hearing on the motion to withdraw the defendant's guilty plea." Ramirez, 162 Ill.2d at 240 , 205 Ill.Dec.

1975(People v. Gulley, 27 Ill.App.3d 560 , 327 N.E.2d 68 (2d Dist.).) Boykin v. Alabama, 395 U..S 238, 23 L.Ed.2d 274 , 89 S.Ct. 1709 , indicated that the constitutional rights involved in a guilty plea are the privilege against self-incrimination, the right to trial by jury, and the right to confront one’s accusers.

1975(People v. Gulley, 27 Ill.App.3d 560 , 327 N.E.2d 68 (2d Dist.).) Boykin v. Alabama, 395 U..S 238, 23 L.Ed.2d 274 , 89 S.Ct. 1709 , indicated that the constitutional rights involved in a guilty plea are the privilege against self-incrimination, the right to trial by jury, and the right to confront one’s accusers.

2005The certificate in that case stated that the attorney had " 'examined the trial court file and report of proceedings of the sentencing hearing.' " Mast , 305 Ill.

2003App. 3d at 733 , 713 N.E.2d at 246 , the defendant argued defense counsel’s Rule 604(d) certificate was deficient because it failed to include a statement showing counsel examined the transcript of the guilty plea hearing and failed to contain certification that counsel made any necessary amendments to the motion.

2025People v. Fuller, 205 Ill. 2d 308, 323 (2002). ¶ 24 In the instant case, the prerequisites of a knowing and voluntary plea are spread across the transcript of the defendant’s guilty-plea hearing.

2023People v. Fuller, 205 Ill. 2d 308, 323 (2002). 6 ¶ 22 This court has provided, supra, a thorough summary of the defendant’s guilty-plea hearing.

2012In a guilty plea hearing, as in a trial, these components may be lost if a defendant's appearance is through closed circuit television.'" Stroud, 208 Ill.2d at 407 , 281 Ill.Dec. 545 , 804 N.E.2d 510 (quoting People v. Guttendorf, 309 Ill.App.3d 1044, 1047 , 243 Ill.Dec. 535 , 723 N.E.2d 838 (2000)). *392 Moreover, "`[t]he atmosphere of the courtroom can play a critical, albeit intangible, role in the proceedings, including a hearing on a plea.'" Stroud, 208 Ill.2d at 407 , 281 Ill.Dec. 545 , 804 N.E.2d 510 (quoting Guttendorf, 309 Ill.App.3d at 1046 , 243 Ill.

2012In a guilty plea hearing, as in a trial, these components may be lost if a defendant's appearance is through closed circuit television.'" Stroud, 208 Ill.2d at 407 , 281 Ill.Dec. 545 , 804 N.E.2d 510 (quoting People v. Guttendorf, 309 Ill.App.3d 1044, 1047 , 243 Ill.Dec. 535 , 723 N.E.2d 838 (2000)). *392 Moreover, "`[t]he atmosphere of the courtroom can play a critical, albeit intangible, role in the proceedings, including a hearing on a plea.'" Stroud, 208 Ill.2d at 407 , 281 Ill.Dec. 545 , 804 N.E.2d 510 (quoting Guttendorf, 309 Ill.App.3d at 1046 , 243 Ill.

2024Under that Rule, ‘[p]lain errors or defects affecting substantial rights may be noticed [on appeal] although they were not brought to the attention of the trial court.’ [Citation.] In relation to a guilty plea, by contrast, ‘waiver’ refers to the ‘ “voluntary relinquishment of a known right.” ’ [Citation.] *** Rule 615(a) in no way speaks to waivers ***.” Townsell, 209 Ill. 2d at 547-48. ¶ 23 Rule 604(d) works in tandem with the guilty-plea waiver principle.

2006Townsell, 209 Ill. 2d at 547 .

2021This is true whether the defendant maintains his innocence following a trial or whether the defendant pled guilty: “ ‘Treating a guilty plea as a waiver of the [fifth amendment] privilege at sentencing would be a grave encroachment on the rights of defendants.’ ” Id. at 745 (quoting Mitchell v. United States, 526 U.S. 314, 324 (1999)). ¶ 112 Nor is the State’s reliance on People v. Dmitriyev, 302 Ill.

2003“Treating a guilty plea as a waiver of the privilege at sentencing would be a grave encroachment on the rights of defendants.” Mitchell, 526 U.S. at 324 , 143 L.

2023Like in Jones, defendant’s “knowing and voluntary guilty plea waived any constitutional challenge based on subsequent changes in the applicable law.” Id., ¶ 26. ¶ 18 In his reply brief, defendant argues that there are several exceptions to the guilty plea waiver rule noted by this court in People v. Kimmons, 2022 IL App (2d) 180589, ¶ 38 .

2023See People v. Kimmons, 2022 IL App (2d) 180589, ¶ 38 ; People v. Johnson, 2022 IL App (1st) 201371, ¶¶ 94-99 . -6- 2023 IL App (2d) 220326 in the proceedings that produced his conviction.