People v. Lake
30 N.E.3d 1174
Ill. App. Ct.2015Background
- Defendant Angus D. Lake pled guilty to aggravated DUI after his truck struck a horse on a dark racetrack access road; the rider, Michelle Eustis, died and another rider was seriously injured.
- BAC was .147; accident reconstruction concluded defendant’s truck was traveling at least 46 mph and struck the horse; contributing causes included DUI, speed, and poor visibility.
- Defendant had prior alcohol-related convictions (including two prior DUIs) and a history of probationary dispositions; he admitted chemical dependency and PTSD and expressed remorse.
- Trial court sentenced defendant to nine years’ imprisonment (within a 3–14 year statutory range) and entered a $2,540 docket order for assorted fines, fees, and assessments.
- On appeal defendant challenged the excessiveness of the nine-year sentence and sought application of $5/day presentence incarceration credit against several of the monetary assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether nine-year sentence was excessive | State: sentence justified by fatality, defendant’s intoxication, speed, prior DUIs, and need to protect public | Lake: sentence is excessive given remorse, PTSD, employment history, and claimed low risk of reoffense | Affirmed — nine years is within statutory range and not manifestly disproportionate |
| Whether defendant is entitled to $5/day presentence incarceration credit | State: credit applies but disputes which assessments qualify | Lake: credit should reduce multiple fines/assessments including court systems fee and VCVAF fine | Court: credit applies to $1,135 in eligible fines; total credit $1,835 but cap limits application to those fines |
| Whether $100 court systems assessment is a fine or a fee | State: assessment is a fee not subject to credit | Lake: assessment is a fine subject to the credit | Court: $100 assessment is a fine and creditable (follows People v. Graves) |
| Whether VCVAF fine and arrestee medical costs fee are creditable | State: VCVAF fine not creditable; arrestee medical fee creditable per State | Lake: argued VCVAF fine should be creditable | Court: VCVAF fine not subject to credit (statutory prohibition); arrestee medical costs fee is not eligible for credit per statute |
Key Cases Cited
- People v. Stacey, 193 Ill. 2d 203 (Ill. 2000) (trial court’s superior position to weigh sentencing factors)
- People v. Coleman, 166 Ill. 2d 247 (Ill. 1995) (appellate courts should not reweigh sentencing factors)
- People v. Anderson, 225 Ill. App. 3d 636 (Ill. App. Ct. 1992) (presumption that trial court considered mitigating evidence)
- People v. Woodard, 175 Ill. 2d 435 (Ill. 1997) (defendant may raise presentence incarceration credit on appeal)
- People v. Graves, 235 Ill. 2d 244 (Ill. 2009) (county court systems assessment under 55 ILCS 5/5-1101(d) is a fine)
- People v. Unander, 404 Ill. App. 3d 884 (Ill. App. Ct. 2010) (arrestee medical costs fee not part of fine for reduction purposes)