People v. Molina, 3-21-0271

CourtUnited States Appellate Court of Illinois
Writing for the CourtO'BRIEN PRESIDING JUSTICE.
Citation2022 IL App (3d) 210271 U
PartiesTHE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIE A. MOLINA JR., Defendant-Appellant.
Docket Number3-21-0271
Decision Date22 November 2022

2022 IL App (3d) 210271-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.

WILLIE A. MOLINA JR., Defendant-Appellant.

No. 3-21-0271

Court of Appeals of Illinois, Third District

November 22, 2022


This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of the 13th Judicial Circuit, La Salle County, Illinois, Circuit No. 18-CF-549 Honorable Cynthia M. Raccuglia, Judge, Presiding.

PRESIDING JUSTICE O'BRIEN delivered the judgment of the court. Justices Hauptman and Peterson concurred in the judgment.

ORDER

O'BRIEN PRESIDING JUSTICE.

¶ 1 Held: The court did not substantially comply with Rule 605(c).

¶ 2 Defendant, Willie A. Molina Jr., appeals following this court's summary remand for counsel to file a certificate in compliance with Illinois Supreme Court Rule 604(d) (eff July 1, 2017). Defendant argues that a second remand is required for new postplea proceedings because the La Salle County circuit court failed to properly admonish him under Illinois Supreme Court

1

Rule 605(c) (eff. Oct. 1, 2001). Defendant also argues that counsel failed to comply with Rule 604(d). We reverse and remand with directions.

¶ 3 I. BACKGROUND

¶ 4 Defendant entered a guilty plea to possession of a stolen vehicle (625 ILCS 5/4-103(a) (1) (West 2018)) and residential burglary (720 ILCS 5/19-3(a) (West 2018)). The plea included an agreed sentencing cap of 18 years' imprisonment and the State's dismissal of several other charges. The court provided the Illinois Supreme Court Rule 402(a) admonishments but did not inform defendant of his appeal rights. Following the entry of his plea, defendant filed a motion to vacate his guilty plea, alleging that at the time of his plea he was "under duress" and "did not understand clearly." The court continued the matter for a hearing on defendant's motion to vacate his guilty plea and sentencing.

¶ 5 Prior to sentencing, defendant withdrew the motion to vacate his guilty plea. The court sentenced defendant to 16 years' imprisonment. The court admonished defendant "your only option is to file that motion again to vacate your guilty plea 30 days from today's date, or you waive any further appeal rights."

¶ 6 Defendant filed, as a self-represented litigant, a "motion for reduction of sentence." The court appointed counsel to represent defendant. On a later date, counsel informed the court that defendant did not wish to proceed on a motion to vacate his guilty plea. The court inquired of defendant whether he wanted to vacate his guilty plea or proceed on a motion to reconsider his sentence to perfect his appeal. The court stated, "you have an absolute right to have this court hear the motion to reconsider sentence and your motion to vacate your guilty plea" and confirmed that defendant wanted to file a motion to reconsider his sentence. Counsel filed a motion to reconsider sentence and a Rule 604(d) certificate. Again, counsel informed the court that defendant did not

2

want to proceed with a motion to vacate his guilty plea. The court denied defendant's motion to reconsider sentence.

¶ 7 On appeal, we granted defendant's unopposed motion to remand the cause to the circuit court for compliance with Rule 604(d). People v. Molina, No. 3-20-0527 (2021) (unpublished minute order).

¶ 8 On remand, counsel filed a new Rule 604(d) certificate and motion to reconsider sentence. The court denied the motion, stating "[a]nd now that you have perfected that in this court, you have a right to appeal to the Third District Appellate Court your sentence."...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT