People v. Alghadi
2011 IL App (4th) 100012
Ill. App. Ct.2011Background
- Defendant Khaled W. Alghadi was convicted of robbery in March 2009 and sentenced in April 2009 to 7 years’ imprisonment with credit for 313 days served.
- Defendant pleaded guilty to residential burglary in September 2009 and was sentenced in October 2009 to 15 years’ imprisonment concurrent with the robbery sentence, with credit for 457 days served.
- At sentencing the court did not expressly identify any fees, but later docket entries and the clerk’s records show attempts to impose various costs and fines, including VCVA and drug-court fees.
- Between 2009 and 2010 the circuit clerk issued notices and assessments for unpaid costs, and later imposed late fees and collection fees after no payment occurred.
- On appeal, Alghadi contends: (a) the circuit clerk lacked authority to impose the VCVA fines and drug-court fees; (b) if properly imposed, he is entitled to a $5-per-day credit under 725 ILCS 5/110-14(a); (c) the circuit clerk lacked authority to assess the late and collection fees.
- The appellate court affirmed the conviction and sentence, vacated the circuit clerk’s residential-burglary fines and remanded for a hearing to determine which fees relate to the residential-burglary conviction, and directed consideration of presentence credit when reimposing fines and fees; it dismissed portions for lack of jurisdiction and remanded with directions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to impose VCVA and drug-court fines | Alghadi contends clerk lacked authority | State argues mandatory imposition by court; if imputed, credit applies | Circuit clerk fines void; remand for proper imposition by court |
| Credit under 110-14(a) | If fines imposed, Alghadi seeks $5/day presentence credit | State assumes fines but credits should reduce sentence | Presentence credit to be considered on remand if fines reimposed |
| Authority to impose late/collection fees | Clerk lacked authority to assess late and collection fees | N/A in summary | Jurisdiction limited; issues regarding late/collection fees dismissed on direct appeal |
Key Cases Cited
- People v. Long, 398 Ill. App. 3d 1028 (2010) (VCVA fine proper when imposed; authority discussed)
- People v. Scott, 152 Ill. App. 3d 868 (1987) (Fines are judicial acts; clerk cannot impose mandatory fines; remand for proper imposition)
- People v. Folks, 406 Ill. App. 3d 300 (2010) (Drug-court assessment mandatory when county ordinances authorize)
- People v. Childs, 407 Ill. App. 3d 1123 (2011) (Drug-court fee is a fine when county enacts ordinance)