People v. Burnett - Modified upon denial of rehearing
2016 IL App (3d) 140837
| Ill. App. Ct. | 2017Background
- Terry L. Burnett pleaded guilty to burglary in exchange for concurrent sentences (6½ years in this case and 2½ in another). The sentencing order assessed costs but did not impose fines; neither the sentencing order nor the mittimus listed fines.
- Defendant unsuccessfully moved to withdraw his guilty plea; the motion was denied as untimely.
- Defendant filed a postconviction petition challenging his plea and sentence; he did not challenge fines or fee assessments in that petition. The trial court summarily dismissed the petition, and defendant appealed.
- The record contains a certified “Case Transactions Summary” prepared/signed by the deputy circuit clerk listing $1,046.50 in assessments (itemized by name but without statutory citations).
- The appellate court identified multiple listed assessments that were imposed by the circuit clerk rather than the court and therefore concluded those items were void as fines, while upholding other items as valid clerk-imposed fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction to vacate void fines raised for first time on appeal from dismissal of postconviction petition | State: appeal from postconviction dismissal does not allow review of non-constitutional issues; lack of jurisdiction | Burnett: void assessments may be attacked at any time; appellate court can vacate void fines even if raised on appeal from postconviction dismissal | Court: jurisdiction exists; void orders may be attacked at any time and appellate court may correct clerk-imposed fines |
| Whether fines/assessments listed on the transactions summary were judicial fines (void) or clerk fees (valid) | State: did not contest classification of specific assessments | Burnett: challenged clerk-imposed assessments as void fines (raised on appeal) | Court: vacated specified assessments imposed by clerk as void; upheld remaining assessments as valid clerk fees |
| Whether vacated fines should be remanded for reimposition by the trial court | State: (no contest) | Burnett: sought vacatur of clerk-imposed fines | Court: vacated clerk-imposed fines and did not remand for reimposition |
| Scope of relief for forfeited claim that clerk lacked authority to levy fines | State: procedural posture limits relief | Burnett: void fines can be corrected despite forfeiture | Court: forfeiture does not bar relief for void orders; appellate court may address forfeited argument |
Key Cases Cited
- People v. Thompson, 209 Ill. 2d 19 (Illinois Supreme Court) (void orders may be attacked at any time; courts have duty to vacate void orders)
- People v. Graves, 235 Ill. 2d 244 (Illinois Supreme Court) (certain clerk-imposed assessments are fines)
- People v. Jones, 397 Ill. App. 3d 651 (Ill. App. — 3d Dist.) (assessment characterized as a fine imposed by clerk was invalid)
- Schak v. Blom, 334 Ill. App. 3d 129 (Ill. App. — 3d Dist.) (court may declare orders void sua sponte)
- People v. Shaw, 386 Ill. App. 3d 704 (Ill. App. — 1st Dist.) (appellate court may address argument that clerk acted beyond authority in imposing fines)