2016 IL App (3d) 140418
Ill. App. Ct.2016Background
- Phillip A. Strong was convicted by jury of aggravated driving while license suspended and sentenced to four years' imprisonment on April 25, 2014.
- The trial court announced only "judgment enters for costs of prosecution" and the written sentencing order did not mention fines.
- Defendant filed a motion to reconsider, which was denied May 19, 2014; he filed a notice of appeal May 20, 2014.
- A July 17, 2014 fines-and-fees sheet (unsigned by a judge) listed 20 assessments, including seven categorized as fines totaling $150.
- Defendant challenged those fines on appeal, arguing they were void because (1) they were imposed after the court lost jurisdiction and (2) the circuit clerk lacks authority to impose fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the $150 in assessments are valid fines | Castleberry abolished the void-sentence rule, so fines are at most voidable; State contends issue forfeited if not preserved | Fines are void because they were imposed by the circuit clerk (a nonjudicial actor) and, alternatively, were imposed after the court lost jurisdiction post-appeal | Vacated the $150 in fines: fines are void because they were not judicially imposed and, in any event, were imposed after the court was divested of jurisdiction |
Key Cases Cited
- People v. Thompson, 209 Ill. 2d 19 (addresses that a void order may be attacked at any time)
- People v. Flowers, 208 Ill. 2d 291 (trial court loses jurisdiction 30 days after denial of motion to reconsider sentence)
- People v. Castleberry, 2015 IL 116916 (limits voidness to jurisdictional defects; abolishes the broader void-sentence rule)