People v. Williams
2013 IL App (4th) 120313
| Ill. App. Ct. | 2013Background
- Defendant Paris M. Williams was convicted after a September 2011 bench trial of armed violence, unlawful possession of a controlled substance with intent to deliver, unlawful possession of a controlled substance, unlawful possession of a weapon by a felon, and aggravated unlawful use of a weapon; the court sentenced him in March 2012 to concurrent terms including 15 years, 7 years, and 7 years respectively, with certain fines imposed.
- The trial court merged the controlled-substance counts into the armed-violence count for sentencing and imposed mandatory assessments and fines.
- Defendant challenged (1) the unlawful-possession-by-a-felon conviction under the one-act, one-crime rule and (2) the clerical fines assessments, including mandatory fines.
- The appellate court vacated the felon-in-possession conviction under the one-act, one-crime rule, but affirmed the remainder of the judgment in part, vacated clerical fines, and remanded for an amended sentencing judgment.
- The court held that the clerk cannot impose fines; the appellate courtreimposed certain mandatory fines and calculated credits under 110-14(a), and directed remand for amended sentencing.
- Appendix A provides a reference for fines and fees to aid circuit courts and prosecutors in proper imposition of statutory fines and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| One-act, one-crime applicability | Williams’s felon-in-possession conviction rests on same act as aggravated unlawful use. | Unlawful-possession-by-a-felon is lesser offense based on same act. | Vacate unlawful-possession-by-a-felon conviction under Johnson. |
| Clerk-imposed fines validity | Clerk’s imposition of certain fines was improper. | — | Vacate improper clerk-imposed assessments; reimpose or impose mandatory fines as analyzed. |
| Credit under 110-14(a) | Credit for time incarcerated applied to fines. | Credit limited to fines eligible under 110-14(a). | Credit adjusted; total credit determined as $1,230 after corrections. |
Key Cases Cited
- People v. Johnson, 237 Ill. 2d 81 (2010) (one-act, one-crime rule applied to vacate lesser offense when based on same act)
- People v. Swank, 344 Ill. App. 3d 738 (2003) (clerks cannot impose fines; fines must be judicially imposed)
- People v. Schneider, 403 Ill. App. 3d 301 (2010) (reimpose mandatory clerk-imposed fines when appropriate)
- People v. O'Laughlin, 2012 IL App (4th) 110018 (2012) (appendix reference on fines and fees; complex statutory regime)