People v. Castillo
2016 IL App (2d) 140529
Ill. App. Ct.2016Background
- Defendant Eric Castillo was convicted of first-degree murder and sentenced to 35 years' imprisonment.
- At the start of proceedings, Castillo retained private counsel; the assistant public defender moved to withdraw.
- The assistant public defender told the court the public defender’s office had visited Castillo and had prepared (but not filed) a motion; the court then imposed a $250 public‑defender fee on the spot.
- The court’s file contained Castillo’s Certificate of Assets showing part‑time income (~$1,000/month), but the record lacks any indication the court considered it before imposing the fee.
- Nearly two years later, the court asked Castillo about assets when appointing appellate counsel; Castillo denied owning property or bank funds.
- Castillo appealed, arguing the court failed to hold the statutory hearing required by 725 ILCS 5/113‑3.1(a); the State did not argue the 90‑day time limit was directory.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the brief exchange constituted a statutory hearing under 725 ILCS 5/113‑3.1(a) | The trial court held some sort of hearing within the 90‑day period and thus should be allowed to correct deficiencies on remand | No hearing meeting the statute’s requirement was held; the fee was imposed without the required inquiry into ability to pay | The exchange did not satisfy the statute’s hearing requirement (no inquiry into ability to pay) |
| Proper remedy when no valid hearing occurred within 90 days | Vacate fee and remand for a proper hearing (if some hearing occurred) | Vacate the fee outright because the statutory hearing requirement was not met within 90 days | Because the State did not argue the 90‑day limit is directory, the court vacated the $250 fee outright |
Key Cases Cited
- People v. Somers, 2013 IL 114054 (supreme court held statute requires notice and opportunity to present evidence about ability to pay; a limited inquiry can constitute "some sort of a hearing")
- People v. Gutierrez, 2012 IL 111590 (vacated fee where reimbursement was ordered by clerk or imposed without trial court consideration)
- People v. Love, 177 Ill. 2d 550 (statute plainly requires a hearing into the defendant’s financial resources to determine ability to pay)