People v. Smith
97 N.E.3d 117
Ill. App. Ct.2018Background
- Defendant Sammy Smith convicted at bench trial of one count of burglary and sentenced as a Class X offender to 8 years. No trial or sentence errors raised on appeal; only fines/fees challenged.
- Trial court assessed $749 in fines/fees and awarded $80 presentence custody credit, leaving $669 owed. Defendant spent 211 days in presentence custody (entitling him to up to $1,055 credit under 725 ILCS 5/110-14).
- On appeal Smith asked to vacate a $5 electronic citation fee and a $250 DNA identification fee, and to obtain presentence credit against several other assessments labeled as "fees" but argued to be "fines."
- Smith conceded he forfeited these issues by not raising them at trial; he asked for review under plain error, Rule 615(b), and via section 110-14 presentence-credit doctrine. The State did not press forfeiture.
- The appellate court declined plain-error and Rule 615(b) review but, because the State waived forfeiture, considered the merits and reviewed fines/fees de novo.
- Court ordered vacatur of the $5 electronic citation fee and the $250 DNA fee; ordered presentence-credit offset for the $50 court system fee and $15 state police operations fee; remanded to correct fines/fees order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether $5 electronic citation fee properly imposed for felony | State conceded but initially allowed fee | Smith: fee inapplicable to felonies | Vacated; electronic citation fee does not apply to felonies |
| Whether $250 DNA identification fee properly imposed | State did not contest once database status shown | Smith: fee improper because his DNA already on file from prior felony | Vacated; DNA fee only authorized if defendant not already in database |
| Whether $50 court system fee and $15 state police operations fee are fines subject to presentence credit | State conceded these are fines | Smith: these labeled fees are actually fines and should get presentence credit | Offset by presentence custody credit (credit applied) |
| Whether various other charges ($190 felony complaint filing, $15 automation, $15 document storage, $25 court services, $2 PD records automation, $2 SA records automation) are fines or fees for presentence-credit purposes | State argued they are fees (compensatory) | Smith: many are de facto fines and subject to credit | Court held these are fees (compensatory) and not subject to presentence credit, except court system and state police fees above; remand to modify order accordingly |
Key Cases Cited
- People v. Caballero, 228 Ill. 2d 79 (defendant may raise section 110-14 presentence-credit claim at any time)
- People v. Marshall, 242 Ill. 2d 285 (DNA fee only authorized if defendant not already registered in database)
- People v. Jones, 223 Ill. 2d 569 (distinguishing fines from fees; substance controls over label)
- People v. Woodard, 175 Ill. 2d 435 (ministerial correction of clerical sentencing matters)
- People v. Tolliver, 363 Ill. App. 3d 94 (automation, filing, document-storage, and similar court charges are compensatory fees, not fines)