People v. Lindsay

Chief Justice Kilbride and Justices Freeman, Gar-man, Karmeier, Burke, and Theis concurred in the judgment and opinion.

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 guilty to one count of delivering a controlled substance (720 ILCS 570/ 401(a)(2)(C) (West 2006)) and…