People v. Vlahon
977 N.E.2d 327
Ill. App. Ct.2012Background
- Defendant Theron W. Vlahon was charged with home invasion, aggravated domestic battery, violating an order of protection, aggravated battery, and related offenses; one count was later dismissed.
- The July 20, 2009 incident involved entering his wife’s residence and causing serious injuries, leading to hospitalization.
- In November 2010 a jury convicted I (home invasion), II (aggravated domestic battery), V (order of protection), and VI (aggravated battery); count III was dismissed and count IV not guilty.
- The trial court merged the aggravated-battery conviction into aggravated domestic battery and sentenced concurrent terms of 23 years (home invasion), 7 years ( aggravated domestic battery), and 364 days (order of protection), with a four-year MSR term.
- On appeal the defense argued (1) right to elect under which statute to be sentenced, (2) per diem credit against fines, and (3) VCVA assessment; the State disagreed on elect rights and no issue waived.
- The appellate court affirmed as modified, remanding to reflect (i) a 2-year MSR term, (ii) credit up to $2,980 to fines, and (iii) VCVA at $16, while imposing costs guidance in favor of the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Right to elect under statute | Vlahon entitled to elect statute at time of offense or sentencing. | Admonition and election rights violated; ex post facto concerns. | Ex post facto violation; remand for 2-year MSR instead of 4-year term. |
| Credit for presentence detention against fines | Presentence custody credit should reduce fines. | Credit applies to eligible fines only. | Credit up to $2,980 applies to eligible fines. |
| Violent Crime Victims Assistance (VCVA) fee calculation | VCVA should be recalculated based on fines. | Same; reduce to statutory formula. | VCVA reduced to $16 and remanded for amended judgment. |
Key Cases Cited
- People v. Hollins, 51 Ill.2d 68 (1972) (right to elect under which statute to be sentenced)
- People v. Sims, 192 Ill.2d 592 (2000) (de novo review of election issue)
- Neville v. Board of Parole Review, 376 Ill.App.3d 1119 (2007) (MSR conditions vs. punishment; ex post facto discussion)
- Hadley v. Montes, 379 Ill.App.3d 405 (2008) (electronic monitoring as MSR condition; not increased sentence)
- People v. Horrell, 235 Ill.2d 235 (2009) (MSR as mandatory part of sentence; custody during MSR)
- People v. Pate, 47 Ill.2d 172 (1970) (parole custody and MSR framework)
- People v. Smith, 133 Ill. App.3d 613 (1985) (costs and assessments in appeal context)
- People v. Nicholls, 71 Ill.2d 166 (1978) (cautionary framework for appellate costs/assessments)