People v. ALGHADI
355 Ill. Dec. 730
| Ill. App. Ct. | 2011Background
- Defendant Khaled W. Alghadi was convicted by jury of robbery in March 2009 and sentenced to 7 years with credit for 313 days; conviction appeal was dismissed for lack of jurisdiction due to untimely notice of appeal.
- Defendant later pled guilty to residential burglary (open plea) in September 2009, receiving 15 years' imprisonment to run concurrent with the robbery sentence and credit for 457 days; sentencing did not specify all fees/fines.
- Subsequently, two VCVA fines ($20 each) and two drug-court fees ($5 each) were assessed, with additional costs and fees and later notices for collection issued by the circuit clerk.
- Defendant argued (1) clerk lacked authority to assess the VCVA fines and drug-court fees; (2) if properly imposed, he is entitled to a $5-per-day credit under 725 ILCS 5/110-14(a); (3) clerk lacked authority to assess late and collection fees.
- The appellate court vacated duplicate fines, held the clerk lacked authority to impose the VCVA fines and drug-court fees, and remanded for a hearing to delineate which fees relate to the residential-burglary conviction; it affirmed the conviction and sentence in part and dismissed portions for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to impose VCVA and drug-court fines | People argues the court imposed fines; clerk lacked authority | Alghadi contends fines may be properly imposed by court | Clerk had no authority to impose those fines; vacated those fines and remanded for proper imposition by the court. |
| Credit for fines under 110-14(a) | People seeks credit if fines reimposed | Alghadi entitled to $5 per day credit only if fines properly imposed | Court did not impose the VCVA/drug-court fines; remand allows consideration of presentence credit when reimposing fines. |
| Late and collection fees authority | People contends fees were validly imposed | Alghadi argues clerk lacked authority to assess late/collection fees | Court dismissed merits on direct appeal; jurisdiction limited to residential-burglary conviction; late/collection fees unresolved on appeal. |
Key Cases Cited
- People v. Scott, 152 Ill.App.3d 868 (1987) (circuit clerk may not impose mandatory fines; fines must be judicial acts)
- People v. Folks, 406 Ill.App.3d 300 (2010) (drug-court assessment mandatory where county enacts ordinance)
- People v. Jake, 2011 IL App (4th) 090779 (2011) (lack of jurisdiction to review late/collection fees on direct appeal)