People v. Truesdell
2017 IL App (3d) 150383
Ill. App. Ct.2017Background
- Defendant Keith A. Truesdell was convicted after a bench trial of multiple counts of predatory criminal sexual assault of a child and one count of criminal sexual assault; sentences ran consecutively.
- Defendant was arrested in Kankakee County on April 2, 2012, and transported to Iroquois County on April 3, 2012; written sentencing order awarded credit from April 3, 2012 only.
- At sentencing the court orally imposed costs, a VCVA (Violent Crime Victims Assistance) fine, and a $200 sexual assault fine; the written sentencing order omitted mention of the monetary assessments.
- A subsequent clerk-generated “Payment Status Information” sheet showed $507 in assessments, including $50 court system, $10 arrestee medical, $15 State Police Ops, $5 youth diversion, and the VCVA amount.
- On direct appeal convictions and sentences were affirmed; years later defendant filed a pro se postconviction petition raising unrelated claims; in the postconviction appeal he raised (for the first time) challenges to some fines and to sentence credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of fines imposed by clerk | State concedes clerk-imposed fines are void and agrees $80 should be vacated | Clerk-imposed fines (including $50 court, $10 medical, $15 state police, $5 youth diversion) are void because only the court may impose them | Vacated: $50 court system, $10 arrestee medical, $15 State Police Ops, $5 youth diversion assessments were void and vacated (State confession accepted) |
| Validity of VCVA fine (oral vs. written omission) | VCVA fine was orally imposed by judge; clerk merely filled in amount; any calculation error is not a voidness defect | Truesdell contends omission from written order means clerk imposed it, making it void | VCVA fine stands as court-imposed; not void; defendant may not raise it for first time on appeal from postconviction dismissal |
| Right to one additional day of presentence custody credit | State concedes error and that defendant was arrested April 2, 2012, so entitled to credit for that day | Truesdell seeks one additional day of credit because written mittimus starts April 3 | Remanded with instruction to amend mittimus to add one day of credit; appellate court may grant ministerial credit on postconviction appeal |
| Procedural timeliness / ability to raise issues on postconviction appeal | State: voidness claims may be raised any time; non-void challenges not raised in postconviction petition cannot be raised first on appeal | Truesdell attempted to raise fines and credit on appeal from postconviction dismissal though not raised in petition | Court accepted voidness challenge to clerk-imposed fines (can be raised anytime) but rejected belated challenge to VCVA fine because it was not void and was not raised in postconviction petition |
Key Cases Cited
- People v. Thompson, 209 Ill. 2d 19 (voidness challenges may be raised at any time)
- People v. Smith, 242 Ill. App. 3d 399 (oral pronouncement controls over written order)
- People v. Williams, 97 Ill. 2d 252 (same: oral sentence governs written commitment)
- People v. Jones, 213 Ill. 2d 498 (issues not raised in postconviction petition generally cannot be first raised on appeal)
- People v. Caballero, 228 Ill. 2d 79 (appellate court may grant ministerial sentence credit on appeal from postconviction denial)
- Koltes v. St. Charles Park District, 293 Ill. App. 3d 171 (distinguishing ministerial acts from discretionary acts)