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PEOPLE v. FITZGIBBON

Nos. 83350, 83790.

704 N.E.2d 366 (1998)

184 Ill.2d 320

235 Ill.Dec. 17

The PEOPLE of the State of Illinois, Appellee, v. Philip E. FITZGIBBON, Appellant. The People of the State of Illinois, Appellee, v. David A. Merritt, Appellant.

Supreme Court of Illinois.

December 3, 1998.

Attorney(s) appearing for the Case

Patrick M. Carmody, Asst. State Appellate Defender, Elgin, for Philip E. Fitzgibbon in No. 83350.

State's Attorneys App. Pros., Elgin, William L. Browers, Assistant Attorney General Chicago, State's Attorney of DuPage County, Wheaton, for the People in No. 83350.

Patrick M. Carmody, Asst. State Appellate Defender, Elgin, for David A. Merritt in No. 83790.

State's Attorneys App. Pros., Elgin, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney of DuPage County, Wheaton, for the People in No. 83790.

Chief Justice FREEMAN delivered the opinion of the court:

In this consolidated appeal, we are asked to interpret Supreme Court Rule 604(d) (145 Ill.2d R. 604(d)) so as to require appointed defense counsel to certify that he or she has reviewed the transcript from the original sentencing hearing prior to a hearing on a motion to reconsider sentence. For reasons that follow, we decline to interpret Rule 604(d) in such a manner.

BACKGROUND

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