People v. Glass
72 N.E.3d 824
Ill. App. Ct.2017Background
- Defendant Robert Glass was convicted by a jury of delivery of a controlled substance (heroin) after an undercover buy; sentenced to 5 years' imprisonment.
- He had been represented by a public defender; after sentencing the court assessed a $500 reimbursement for appointed counsel based on defense counsel's number of appearances and the fact of a jury trial, without inquiring into defendant's ability to pay or allowing him to present financial evidence.
- The fines, fees, and costs order originally totaled $2,839 and included other assessments challenged on appeal.
- On appeal Glass argued the $500 public defender reimbursement fee was improperly imposed absent the statutory hearing on ability to pay and challenged several other fines and fees as unauthorized by statute.
- The State conceded the lack of a sufficient hearing but argued remand for a proper hearing (rather than outright vacatur) was appropriate; the parties also agreed several statutory fees were improperly assessed.
- The appellate court vacated the $500 fee and remanded for a hearing compliant with section 113-3.1(a), and it modified the fines and fees order to remove several improperly imposed assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of $500 public defender reimbursement fee | State: a hearing had occurred (brief exchange) so remand for a proper ability-to-pay hearing is appropriate | Glass: fee must be vacated because no proper hearing on ability to pay was held within the statutory period | Vacated fee; remanded for a hearing under 725 ILCS 5/113-3.1(a) because "some sort of hearing" on the State's motion occurred within the 90-day period |
| Whether failure to object forfeits challenge to public defender fee | State: forfeiture applies | Glass: issue not forfeited because procedural statutory requirements were not followed | Not forfeited; appellate review allowed (statutory-procedure error) |
| Validity of Violent Crime Victims Assistance Fund fine ($20) | State: fine proper | Glass: statute precluded fine when other fines imposed and statute inapplicable at time of offense/sentencing | Vacated (other fines were imposed and statute amendment timing made it inapplicable) |
| Validity of court systems fee ($5) and methamphetamine fund fees ($100 and $25) | State: fees proper | Glass: fees inapplicable to non-vehicle-code and non-methamphetamine convictions | Vacated those fees (statutes did not authorize them for his heroin/delivery conviction) |
Key Cases Cited
- People v. Love, 177 Ill.2d 550 (Ill. 1997) (trial court must hold a hearing assessing defendant's ability to pay before ordering reimbursement for appointed counsel)
- People v. Somers, 2013 IL 114054 (Ill. 2013) (a deficient hearing held within 90 days tolls the statutory period and supports remand for a compliant hearing)
- People v. Gutierrez, 2012 IL 111590 (Ill. 2012) (reminded trial courts of duty to hold proper hearings under section 113-3.1 and cautioned about Love's scope)