Any Issue Not Raised In Post-Sentencing Motion Is Waived on Appeal
In People v. Foster, 308 Ill. App. 3d 286, 719 N.E.2d 1163, 241 Ill. Dec. 760 (1999), defendant entered into a negotiated plea agreement whereby he pleaded guilty to firearms charges in exchange for dismissal of a charge of attempt (first degree murder), a sentencing cap of 12 years, and concurrent sentences.
The trial court sentenced defendant to nine years in prison and a consecutive term of four years' probation. Defendant filed a motion to reconsider sentence that was denied. Foster, 308 Ill. App. 3d at 287, 719 N.E.2d at 1163.
The appellate court held that defendant was not precluded from filing a motion to reconsider sentence, because it is only where the sentence defendant receives is within the parameters of the plea agreement that he must seek to withdraw the guilty plea.
The appellate court modified defendant's sentence of probation to run concurrently with his prison sentence. the defendant also argued he was not properly admonished regarding the necessary procedure to appeal and the cause should be remanded to allow him to file a motion to withdraw his guilty plea. Foster, 308 Ill. App. 3d at 288-89, 719 N.E.2d at 1164.
The appellate court agreed, finding that the legally inaccurate admonitions given by the trial court were comparable to a complete absence of admonitions. Foster, 308 Ill. App. 3d at 290, 719 N.E.2d at 1165.
Rule 605(b) requires trial courts to admonish defendants of their right to appeal following entry of a guilty plea.
Among other requirements, a defendant must be admonished that:
(1) he has a right to appeal;
(2) prior to taking an appeal, he must file in the trial court within 30 days of the date on which sentence is imposed a written motion to reconsider the sentence or to have the judgment vacated and for leave to withdraw his guilty plea;
(3) in any appeal taken from the judgment on the guilty plea, any issue or claim of error not raised in the motion to reconsider sentence or to vacate the judgment and withdraw the guilty plea shall be deemed waived.
Supreme Court Rule 604(d) provides that no appeal from a judgment entered upon a plea of guilty may be taken unless the defendant, within 30 days of the date on which sentence was imposed, files in the trial court either a motion to withdraw the guilty plea or a motion to reconsider sentence.
The motion must be in writing and state the grounds therefor.
Upon appeal, any issue not raised in the postsentencing motion shall be deemed waived.