People v. Truesdell
2017 IL App (3d) 150383
| Ill. App. Ct. | 2017Background
- Defendant Keith Truesdell was arrested April 2, 2012 (Kankakee County) and transferred to Iroquois County April 3, 2012; later tried and convicted after a bench trial of multiple sexual offenses.
- Court orally imposed consecutive prison terms and announced costs, a $200 sexual assault fine, and a Violent Crimes Victims Assistance Act (VCVA) fine; the written mittimus credited custody beginning April 3, 2012 and did not list the monetary assessments.
- A subsequent “Payment Status Information” sheet showed $507 in assessments, including several charges (e.g., $50 court, $10 medical, $15 State Police Ops, $5 youth diversion) that appear to have been entered by the clerk.
- Defendant filed a pro se postconviction petition raising constitutional claims (including speedy trial) but did not challenge fines or sentence credit; the petition was dismissed at first stage and that dismissal is not contested on this appeal.
- On appeal from the postconviction dismissal the defendant contends certain fines were improperly imposed by the clerk (thus void) and seeks one extra day of sentence credit for April 2, 2012. The State concedes illegality for some clerk-imposed fines and concedes the extra day of credit.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Truesdell) | Held |
|---|---|---|---|
| Whether assessments imposed by the clerk (court system, arrestee medical, State Police Ops, youth diversion) are void | State concedes these $80 assessments were illegally imposed by clerk and should be vacated | Those assessments were imposed by clerk and therefore void | Vacated: $50 court system, $10 arrestee medical, $15 State Police Ops, $5 youth diversion assessments vacated (clerk had no authority) |
| Whether the VCVA fine is void because omitted from written mittimus and later quantified by clerk | VCVA fine was orally imposed by judge; clerk merely ministerially filled amount; if court imposed, error in clerk calculation is not void — remand to correct amount if needed | VCVA fine was effectively imposed by clerk due to omission from written order and is therefore void | VCVA fine is not void: oral pronouncement controls; clerk’s calculation errors not void. Defendant cannot raise this issue for first time on appeal from postconviction dismissal |
| Whether defendant is entitled to one additional day of sentence credit (April 2, 2012) | State concedes defendant was arrested April 2 and should receive credit for that day | Argues mittimus only credits from April 3, so he lacks one day of credit | Remanded with instructions: grant one additional day of credit and amend mittimus (appellate court can correct ministerial credit) |
| Whether issues not raised in postconviction petition may be raised on appeal from its dismissal | State: some errors (void fines, sentence credit) may be addressed; conceded some errors | Truesdell attempts to raise fines and credit despite not including them in postconviction petition | Court: Voidness claims may be raised anytime; but non-void errors (e.g., VCVA fine) cannot be raised for first time on appeal from postconviction dismissal |
Key Cases Cited
- People v. Thompson, 209 Ill. 2d 19 (2004) (voidness challenges may be raised at any time)
- People v. Williams, 97 Ill. 2d 252 (1983) (oral pronouncement controls over written order)
- People v. Smith, 242 Ill. App. 3d 399 (1993) (same principle: oral sentence is the court’s judgment)
- Koltes v. St. Charles Park District, 293 Ill. App. 3d 171 (1997) (distinguishing ministerial acts from discretionary acts)
- People v. Jones, 213 Ill. 2d 498 (2004) (issues not raised in postconviction petition generally cannot be raised for first time on appeal)
- People v. Smith, 258 Ill. App. 3d 261 (1994) (one held in custody for any part of a day is entitled to credit for that day)
- People v. Caballero, 228 Ill. 2d 79 (2008) (appellate court may grant ministerial relief like correcting sentence credit on appeal)