Can a New Motion and Hearing Be Ordered If Proceedings Are Incomplete and Defective ?
In People v. Porter, 258 Ill. App. 3d 200, 197 Ill. Dec. 226, 630 N.E.2d 1350 (1994), the Court vacated the trial court's denial of the defendant's motion to withdraw his guilty plea because defense counsel had failed to file a certificate of compliance with Rule 604(d).
After we remanded the cause for a new motion and hearing, defense counsel told the trial court:
" 'I guess I'm asking basically to file [a Rule 604(d) certificate] and then that all the evidence that was heard therein be considered; and again make that motion to withdraw the plea based upon the motion I previously filed.' " Porter, 258 Ill. App. 3d at 202.
Counsel then requested the filing of a notice of appeal, as " 'we had a prior hearing and everything was brought forth in that hearing except I failed to file the certificate.' " Porter, 258 Ill. App. 3d at 202.
The court ordered the clerk to file a notice of appeal, and the common-law record stated, " 'Oral motion by Defendant to withdraw plea of guilty.
Said motion heard and denied.' " Porter, 258 Ill. App. 3d at 202.
On appeal, we held that "this rather perfunctory proceeding was both incomplete and defective" and remanded the cause for another new motion and hearing. Porter, 258 Ill. App. 3d at 202-03.