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PEOPLE v. LINDSAY

No. 110089.

942 N.E.2d 1268 (2011)

239 Ill.2d 522

The PEOPLE of the State of Illinois, Appellant, v. Robert W. LINDSAY, Appellee.

Supreme Court of Illinois.

January 21, 2011.

Attorney(s) appearing for the Case

Lisa Madigan , Atty. Gen., of Springfield, and Joseph E. Birkett , State's Atty., of Waukegan ( Michael A. Scodro , Solicitor Gen., and Michael M. Glick and Gopi Kashyap , Asst. Attorneys Gen., of Chicago, and Patrick Delfino , Lawrence M. Bauer and Marshall M. Stevens , of the Office of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

Michael J. Pelletier , State Appellate Defender, Thomas A. Lilien , Deputy Def., and Vicki P. Kouros , Asst. Appellate Def., of the Office of State Appellate Def., of Elgin, for appellee.

OPINION

Justice THOMAS delivered the judgment of the court, with opinion.

The issue in this case is whether, on remand for the failure to file a Rule 604(d) certificate of compliance, defense counsel also must file a new motion to withdraw the guilty plea and/or reconsider the sentence. We hold that, where counsel concludes that the original motion is sufficient, a new motion need not be filed.

BACKGROUND

Defendant, Robert W. Lindsay, pleaded...

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