People v. Vara
2016 IL App (2d) 140848
| Ill. App. Ct. | 2017Background
- Ricardo Vara was convicted after a bench trial of child pornography and sentenced to 3 years’ imprisonment; the trial court imposed certain mandatory statutorily required fines but did not impose others. Defendant timely appealed.
- About 18 months after final judgment, the circuit clerk (via a signed Payment Schedule) listed additional mandatory statutory assessments (e.g., court fee, youth diversion, violent-crime, lump-sum surcharge, sexual-assault, state police operations, etc.) that the clerk had recorded but the trial court had not imposed.
- The parties agree the clerk lacked authority to impose fines and that those clerk-imposed assessments are void; they dispute whether an appellate court may now either impose the fines itself or remand with directions for the trial court to impose them.
- The State urged the court to impose the fines or remand for imposition; Vara argued that under People v. Castleberry the appellate court lacks authority on direct criminal appeal to increase a defendant’s punishment and that the proper remedy for the State is a separate mandamus or other collateral action.
- The court agreed with Vara: it vacated the clerk-imposed fines (because the clerk had no power) but held it had no authority on direct appeal to impose the fines or order the trial court to do so; the State must pursue other proceedings (e.g., mandamus) to enforce statutory fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether assessments the circuit clerk recorded (but the trial court did not impose) are valid | The State conceded clerk lacked authority and assessments are void but asked appellate court to impose fines or remand with directions to trial court to impose them | Vara argued Castleberry prevents an appellate court on direct appeal from increasing punishment; clerk-imposed fines must be vacated and no further relief can be granted here | Court vacated the clerk-imposed fines and declined to impose them or remand to require imposition; State must seek relief in a separate proceeding |
| Whether a circuit clerk may impose fines | State: implicitly concedes clerk cannot; focuses on remedy | Vara: clerk lacks authority; fines void ab initio | Court: clerk cannot impose fines; fines levied by clerk are void because imposition of fines is a judicial function |
| Whether Castleberry permits appellate courts to increase sentence on State’s request in direct appeal | State relied on pre-Castleberry practice and some post-Castleberry decisions to request relief | Vara: Castleberry abolished the void-sentence rule and bars appellate courts from granting State relief that increases punishment on defendant’s direct appeal | Court: Castleberry controls; appellate court may not grant State relief to increase punishment on direct criminal appeal; mandamus or separate action is proper route |
| Proper remedy when mandatory fines were not imposed by trial court but recorded by clerk | State: appellate imposition or remand to trial court to impose fines | Vara: vacate clerk entries; no further remedy here on direct appeal | Court: vacated clerk entries; refused to impose or order imposition; State may pursue mandamus or other collateral remedy |
Key Cases Cited
- People v. Castleberry, 2015 IL 116916 (superseding rule that illegally low sentences are void and holding appellate courts on direct criminal appeal may not increase a defendant’s sentence at State’s request)
- People v. Wade, 2016 IL App (3d) 150417 (vacating clerk-imposed fines as void and holding appellate court on direct appeal cannot impose or order imposition of fines post-Castleberry)
- People v. Hible, 2016 IL App (4th) 131096 (vacating clerk-imposed fines; remanded in section 2-1401 posture to reimpose some fines)
- People v. Ford, 2016 IL App (3d) 130650 (post-Castleberry opinion that vacated clerk assessments and remanded for trial court to impose fines)
- People v. Warren, 2016 IL App (4th) 120721-B (post-Castleberry opinion that vacated clerk assessments but ordered trial court to reimpose fines; court here disagreed with that remedy)
- People v. Arna, 168 Ill. 2d 107 (pre-Castleberry authority treating sentences that do not meet statutory requirements as void)
- People v. Wisotzke, 204 Ill. App. 3d 44 (explaining that fines are pecuniary punishments that must be imposed by the trial court)