People v. Wynn
2013 IL App (2d) 120575
| Ill. App. Ct. | 2014Background
- Defendant Brian Wynn pleaded guilty to domestic battery (enhanced) under a plea agreement for 18 months’ probation.
- At sentencing, the court imposed numerous fines and fees, totaling $2,394, including a $5 Children’s Advocacy Center fine and a $750 public defender fee.
- The clerk imposed the $5 Children’s Advocacy Center fine, but the trial court later vacated and reimposed it.
- During pretrial custody, Wynn spent 115 days and was entitled to a $5-per-day credit against fines, which was not applied.
- Five months after sentencing, the State moved to revoke probation; Wynn was sentenced to 3 years, later reduced to 2½ years on reconsideration.
- On appeal Wynn challenges five items: (1) clerk-imposed CAC fine, (2) $5 per day presentencing credit, (3) public defender fee hearing/appropriateness, (4) probation-fee reduction for non-active supervision, (5) delinquency fee calculation; State concedes some, disputes public defender issue, and seeks VC Victims Fund adjustment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CAC fine authority | Wynn contends clerk lacked authority to impose CAC fine. | State concedes issue may be raised; clerical authority questioned. | Vacate clerk-imposed CAC fine and reimpose by court. |
| Credit for presentencing custody | Wynn seeks $5 daily credit against multiple fines. | Court should apply credit to fines that are subject to credit. | Credit $307 allocated for time served; applies to listed fines; others clarified. |
| Public defender fee hearing | Wynn argues improper imposition without ability-to-pay hearing. | State asserts jurisdictional limits; Morrison guidance applied. | Court lacks jurisdiction to modify/public defender fee due to lack of timely appeal; fee voidable. |
| Probation fees vs. active supervision | Fees imposed for entire probation period despite non-active supervision. | Fees should reflect actual active supervision period; remand for reduction. | Remand for proper reduction of probation fees to reflect actual supervision. |
| Delinquency fee recalculation | Delinquency fee based on pre-credit, pre-reduction total. | Recalculate based on modified fines/credits. | Remand to recalculate delinquency fee consistent with modified balances. |
Key Cases Cited
- People v. Graves, 235 Ill. 2d 244 (Ill. 2009) (drug/other court costs treated as fines subject to credit; fines vs fees analysis)
- People v. Millsap, 2012 IL App (4th) 110668 (Ill. App. 4th Cir. 2012) (state police operations fee treated as fine eligible for credit)
- People v. Maldonado, 402 Ill. App. 3d 411 (Ill. App. 3d 2010) (domestic violence charges treated as fines subject to credit)
- People v. Irvine, 379 Ill. App. 3d 116 (Ill. App. 1st Dist. 2008) (domestic violence-related charges creditable as fines)
- People v. Jones, 223 Ill. 2d 569 (Ill. 2006) (distinguishes fines vs fees and credit applicability)
- People v. Morrison, 298 Ill. App. 3d 241 (Ill. App. 1998) (jurisdictional rule: appeal required to challenge monetary orders; voidable vs void)