People v. Walker
2016 IL App (3d) 140766
| Ill. App. Ct. | 2016Background
- In 2008 Walker pled guilty to aggravated battery and was sentenced to 4 years imprisonment and ordered to "pay court costs" due within six months of release; the sentencing order did not itemize specific fines.
- Walker filed a pro se postconviction petition in 2012; the petition was dismissed, reversed on appeal, and on remand an amended petition was dismissed again in 2014.
- After the 2014 dismissal, the circuit clerk entered a cost sheet listing several assessments including: Clerk Fee, State’s Attorney, Court Fund—County Fee ($50), Court Automation, Court Security, Victim of Violent Crime (VCVA) $20, Document Storage, Arrestee’s Medical Fee $10, Teen Court $5, Drug Court Fee $5, and Knox County Child Advocacy Center $5.
- Walker appealed only to challenge the clerk-imposed VCVA and drug court assessments as fines imposed without judicial authority; he did not contest the dismissal of his petition.
- The State agreed VCVA and drug court assessments were imposed without authority but asked for remand so the trial court could impose mandatory fines properly.
- The appellate court vacated the VCVA and drug court assessments as void, sua sponte vacated several additional clerk-imposed assessments that are properly characterized as fines, and declined to remand to impose the fines because Castleberry forbids increasing a sentence on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether VCVA and drug court assessments imposed by the circuit clerk are valid | State concedes they were imposed without authority but requests remand for trial court to impose mandatory fines | Walker argues clerk lacked authority and the fines are void and must be vacated | VCVA and drug court assessments were void because only the trial court may impose fines; vacated |
| Whether other clerk-entered assessments that are legally "fines" may be vacated sua sponte | State implicitly defended clerksheet but sought remand to impose fines properly | Walker sought vacatur of unauthorized fines | Court sua sponte vacated additional assessments categorized as fines (Court Fund—County Fee, Arrestee’s Medical Fee, Teen Court, Knox Cty Child Advocacy Center) |
| Whether the appellate court may remand to the trial court to impose mandatory fines omitted from sentence | State urged remand to correct omission | Walker opposed remand; argued fines void and cannot be imposed on appeal | Court refused remand under Illinois Supreme Court precedent in Castleberry; remand would impermissibly increase sentence on appeal; State’s remedy is mandamus |
| Whether a clerk may impose fines or only levy fees | State implicitly relied on clerk actions | Walker asserted clerk exceeded nonjudicial authority | Court held imposition of fines is a judicial act; clerk has no power to impose fines; fines imposed by clerk are void |
Key Cases Cited
- People v. Castleberry, 2015 IL 116916 (appellate court may not on appeal increase a criminal sentence that is illegally low)
- People v. Graves, 235 Ill. 2d 244 (assessment characterized as a fine)
- People v. Thompson, 209 Ill. 2d 19 (court has independent duty to vacate void orders)
- People v. Scott, 152 Ill. App. 3d 868 (clerk cannot impose mandatory VCVA fine)
- People v. Folks, 406 Ill. App. 3d 300 (drug court assessment is a fine that cannot be imposed by clerk)
- People v. Jones, 397 Ill. App. 3d 651 (Children’s Advocacy Center assessment is a fine)