People v. Jake
355 Ill. Dec. 602
| Ill. App. Ct. | 2011Background
- In February 2009, the State charged Jake with aggravated domestic battery and aggravated battery.
- At a July 2009 jury trial, the State presented evidence of a beating during a February 23, 2009 drive home with Barefield.
- The jury convicted Jake of aggravated domestic battery and aggravated battery; the offenses were merged for sentencing.
- In August 2009, the trial court sentenced Jake to 25 years as a Class X offender with 168 days’ presentence credit.
- Jake challenged the sentence and several fines/assessments on direct appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the 25-year sentence an abuse of discretion? | Jake argues the 25-year term is excessive given mitigating factors. | State contends the court acted within statutory discretion given prior history and deterrence. | Sentence not an abuse of discretion; affirmed. |
| Authority to impose late and collection fees under 124A-10 and 5-9-3(e)? | Clerk had authority to assess late/collection fees as part of judgment. | Fees are civil penalties/are outside direct criminal-judgment review. | Portion dismissed for lack of appellate jurisdiction; fees treated as civil penalties outside direct criminal appeal. |
| Credit for presentence time applied to drug-court fee (5-1101(f)(2))? | Credit should reduce the drug-court fee as time served. | State concedes the fee is a fine and credit should apply. | Credit applied toward the $5 drug-court fee; remanded to implement. |
| VCVA assessment reduction to $4? | VCVA should be reduced to reflect the remaining fines. | Concedes reduction to $4 is appropriate. | VCVA assessment reduced to $4. |
Key Cases Cited
- People v. Stacey, 193 Ill.2d 203 (2000) (broad sentencing discretion; review for abuse only)
- People v. Diggins, 235 Ill.2d 48 (2009) (statutory-interpretation approach; plain-language rule)
- People v. Paige, 378 Ill.App.3d 95 (2007) (distinguishes fees from fines for reimbursement purposes)
- People v. Caballero, 102 Ill.2d 23 (1984) (final judgment and appellate review standards)
- Mitchell v. Atwood Enterprises, Inc., 253 Ill.App.3d 475 (1993) (jurisdictional limits after notice of appeal)