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PEOPLE v. SPOONER-TYE

Nos. 2-02-0522 to 2-02-0525.

812 N.E.2d 783 (2004)

349 Ill.App.3d 100

285 Ill.Dec. 963

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph SPOONER-TYE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 30, 2004.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Dev A. Parikh (Court-appointed), Office of the State Appellate Defender, Elgin, for Joseph Spooner-Tye in No. 2-02-0522.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Richard S. London, State's Attorneys Appellate Prosecutor, Elgin, for the People in No. 2-02-0522.

G. Joseph Weller, Deputy Defender (Court-appointed), Office of the State Appellate Defender, Elgin, for Joseph Spooner-Tye in Nos. 2-02-0523, 2-02-0524 and 2-02-0525.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, for the People in Nos. 2-02-0523, 2-02-0524 and 2-02-0525.

Justice BOWMAN delivered the opinion of the court:

Defendant, Joseph Spooner-Tye, appeals the trial court's order denying his motion to withdraw his guilty plea. Defendant argues that defense counsel failed to strictly comply with Supreme Court Rule 604(d) (188 Ill.2d R. 604(d)) and that the cause should be remanded for a new hearing. We affirm.

In an information dated December 3, 1999, defendant was charged with two counts of domestic battery, both Class...

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