People v. McDaniel
2016 IL App (2d) 141061
Ill. App. Ct.2016Background
- In 1991 Eugene McDaniel was convicted of first-degree murder and sentenced to 60 years imprisonment plus fines and fees; a mandatory $25 victims’ fund fine was added by the county clerk rather than the trial court.
- McDaniel filed a section 2-1401 petition in 2014 arguing the sentencing judgment was void because the clerk, not the court, imposed the mandatory $25 fine and seeking a new sentencing hearing.
- The trial court granted relief in part by imposing the $25 fine itself but denied a new sentencing hearing or any change to the term of imprisonment.
- The appellate court initially issued a Rule 23 order rejecting McDaniel’s claim under the then-governing void-sentence doctrine, but after rehearing briefing the Illinois Supreme Court’s decision in Castleberry (which abolished the void-sentence rule) was raised.
- The State argued McDaniel’s petition was time-barred under the two-year 2-1401 limit; the court held petitions alleging a judgment is void are not subject to that limitation.
- The appellate court vacated the trial court’s imposition of the $25 fine (for lack of jurisdiction to modify under post-Castleberry law) but affirmed denial of broader relief and assessed costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the entire sentence was void because the clerk (not the court) added a mandatory $25 victims’ fine | The State: the sentence (apart from the fine) remained valid; post-Castleberry the fine is voidable, not void | McDaniel: omission of a mandatory element by the court rendered the whole sentence void and entitled him to a new sentencing hearing | The sentence was void only as to the improperly imposed $25 fine; the imprisonment term remained valid |
| Whether McDaniel’s 2-1401 petition was time-barred under the two-year limitation | State: petition untimely under 2-1401(e) | McDaniel: petition challenged voidness so not subject to the two-year limit | Petitions alleging a judgment is void are not subject to the 2-1401 two-year limitation; McDaniel’s petition therefore was not time-barred |
| Whether the trial court could reimpose the $25 fine after Castleberry (jurisdiction to modify) | State: court could correct the fine; relied on Harvey for timeliness | McDaniel: trial court could and should conduct a new sentencing hearing | After Castleberry the trial court lacked authority to modify the final judgment to correct what is now a voidable fine; the reimposition was vacated |
| Whether absence of Rule 605(a) admonitions at the reimposition hearing prejudiced McDaniel | State: no real prejudice; McDaniel later moved to reconsider and appealed | McDaniel: absence of admonitions and his absence required remand for reimposition with proper admonitions | No prejudice shown—McDaniel filed timely reconsideration and appeal—so no remand for admonitions was required |
Key Cases Cited
- People v. Castleberry, 2015 IL 116916 (abolished the void-sentence rule; converted many "void" fines/fees to voidable)
- People v. Thompson, 2015 IL 118151 (applied Castleberry principles regarding collateral attackability of fines)
- Harvey v. People, 196 Ill. 2d 444 (2001) (discussed 2-1401 limit; concurrences agreed voidness challenges are not bound by two-year limit)
- Sarkissian v. Chicago Bd. of Educ., 201 Ill. 2d 95 (2002) (clarified that voidness allegations negate need to plead around 2-1401 time bar)
- People v. Donelson, 2013 IL 113603 (sentences void only to the extent they conflict with statutory mandates)
- People v. Brown, 225 Ill. 2d 188 (2007) (portion of sentence unauthorized by statute is void only to that extent)
- People v. Garcia, 179 Ill. 2d 55 (1997) (where sentence is void for statutory noncompliance, resentencing is not an impermissible increase)
- People v. Arna, 168 Ill. 2d 107 (1995) (articulated the prior void-sentence rule overturned by Castleberry)
- People v. Marshall, 242 Ill. 2d 285 (2011) (void fines/fees can be corrected at any time under prior doctrine)