Court's Duty to Admonish Defendant About the Consequences of Guilty Plea Withdrawal

In People v. Zarka-Nevling, 308 Ill. App. 3d 516, 720 N.E.2d 334, 241 Ill. Dec. 879 (1999), the court held that a defendant need not seek to withdraw his or her guilty plea when the plea is given solely in exchange for the State's dismissal of additional charges and no agreement is reached regarding sentence. Zarka-Nevling, 308 Ill. App. 3d at 524, 241 Ill. Dec. at 884-85. Defendant also argued in that case that the trial court's failure to admonish her that she had to file a motion to withdraw her guilty plea denied her due process. Zarka-Nevling, 308 Ill. App. 3d at 519, 720 N.E.2d at 336. The majority held that the trial court's admonitions were correct because defendant was not in fact required to file a motion to withdraw her guilty plea. Zarka-Nevling, 308 Ill. App. 3d at 526, 720 N.E.2d at 341. Justice Steigmann dissented in Zarka-Nevling, arguing that the Evans rule should be applied and defendant's appeal dismissed. As to defendant's argument concerning the trial court's Rule 605(b) admonitions, Justice Steigmann stated: "Defendant's argument amounts to an attack on the adequacy of Rule 605(b) itself. In effect, defendant is arguing that the rule the supreme court has promulgated regarding admonitions for defendants who plead guilty, if followed, results in the denial of due process. This conclusion is not one we can reach. The court, after concluding that the defendant should have filed a motion to withdraw his guilty plea and not just a motion to reconsider sentence before taking his appeal, wrote the following: 'Since the trial court advised defendant that he could file either a motion to withdraw his guilty plea or a motion to reconsider his sentence, fundamental fairness requires that we remand the cause with directions for the trial court to admonish defendant of his right to file a motion to withdraw his guilty plea and the consequences thereof, pursuant to Supreme Court Rule 604(d) (145 Ill. 2d R. 604(d)).' As some have suggested, Rule 605(b) might be improved if it contained an explicit provision regarding negotiated pleas, containing the Evans rule verbatim within the body of Rule 605(b) itself. However, any modification of that rule must come from the supreme court, not this court." Zarka-Nevling, 308 Ill. App. 3d at 528-29, 720 N.E.2d at 342-43 (Steigmann, J., dissenting).