People v. Molidor
970 N.E.2d 58
Ill. App. Ct.2012Background
- Defendant Michael F. Molidor pleaded guilty to violating the Sex Offender Registration Act by failing to report a change in employment; sentenced to seven years with presentencing custody credit.
- Bond of $500 was posted; bond was applied to satisfy assessments totaling $524, leaving $24 due as of March 29, 2011.
- Assessments included a $200 DNA analysis fee, a $10 drug court/mental health court fee, and a $25 Violent Crime Victims Assistance Fund (VCVAF) fine; defendant had previously submitted a DNA sample in 1995.
- Trial court did not pronounce fees or costs at sentencing; the State and defense dispute whether the bond should be returned or applied to fines.
- Defendant sought return of the bond and modification/vacatur of certain fines; appellate court granted relief by vacating/adjusting fines and remanding for a refund of any remaining bond after revised calculations.
- This appeal concerns the denial of bond return and the propriety/modification of fines and fees, including whether the DNA fee must be vacated and whether credits apply to other fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness/jurisdiction of appeal over bond return and fines | Molidor argued timely under 110-7(f); State urged dismissal under Rule 604(d). | Molidor contends no time limit applies to bond return actions; statutory framework controls. | Timeliness upheld; appellate court has jurisdiction to review bond return and related fines. |
| Vacatur of DNA analysis fee | DNA fee should be vacated since DNA already submitted. | Vacate the $200 DNA analysis fee. | |
| Credit for presentencing custody against drug court/mental health fee | Credit due under 110-14(a) to offset the $10 drug court/mental health fee. | Credit 583 days to satisfy the $10 fee; offset approved. | |
| Reduction of Violent Crime Victims Assistance Fund fine | VCVAF fine should reflect other imposed fines and time-served credit. | Reduce VCVAF fine from $25 to $4. | |
| Clerical authority to impose fines and reimpose via appellate order | Clerical imposition of drug court/mental health fee and VCVAF fine improper. | Vacate clerical impositions and reimpose per appellate authority. |
Key Cases Cited
- People v. Mingo, 403 Ill. App. 3d 968 (2010) (petition to revoke fines not time-barred; collateral action under §5-9-2)
- People v. Caballero, 228 Ill. 2d 79 (2008) (mandatory $5/day presentence credit; offense fines reduction)
- People v. Graves, 235 Ill. 2d 244 (2009) (drug court/mental health court fee treated as a fine; credits not allowed against VCVAF)
- People v. Evangelista, 393 Ill. App. 3d 395 (2009) (clerical imposition of fines and authority to correct)
- People v. Thompson, 209 Ill. 2d 19 (2004) (void sentence and correction allowed in collateral proceeding)
- People v. Arna, 168 Ill. 2d 107 (1995) (void sentence correction in collateral attack)
- People v. Mingo, 403 Ill. App. 3d 968 (2010) (timeliness of bond-related actions under §5-9-2)