People v. WilliamsPeople v. Williams
Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)
The defendant‘s conviction for unlawful possession of a weapon by a felon was vacated pursuant to the one-act, one-crime rule, since his conviction for the greater offense of aggravated unlawful possession of a weapon was based on the same act, and the fines imposed by the trial court were affirmed, but nine mandatory fines imposed by the circuit clerk were vacated and imposed or reimposed by the appellate court and the cause was remanded for an amended sentencing judgment.
OPINION
¶ 1 After a September 2011 bench trial, the Macon County circuit court found defendant, Paris M. Williams, guilty of armed violence, unlawful possession of a controlled substance with the intent to deliver, unlawful possession of a controlled substance, unlawful possession of a weapon by a felon, and aggravated unlawful use of a weapon. In March 2012, the court sentenced defendant to concurrent prison terms of 15 years for armed violence, 7 years for unlawful possession of a weapon by a felon, and 7 years for aggravated unlawful use of a weapon (the other two counts merged with the armed-violence count). It also ordered defendant to pay a $1,000 mandatory drug assessment, a $100 crime laboratory fee, and a $70 street-value fine.
¶ 2 Defendant appeals, asserting (1) his conviction for unlawful possession of a weapon by a felon must be vacated under the one-act, one-crime rule, and (2) the clerk of the circuit court improperly assessed additional fines against him. We affirm in part as modified, vacate in part, and remand the cause with directions.
¶ 3 I. BACKGROUND
¶ 4 In June 2010, the State charged defendant by information with one count of armed violence (
¶ 5 In February 2011, defendant filed a motion to suppress evidence, seeking to exclude the evidence that resulted from a warrantless search of a mailbox near where defendant was taken into custody. The trial court held a hearing on the motion and denied it in July 2011.
¶ 6 On September 1, 2011, the trial court held a bench trial on the five remaining charges. After hearing the evidence and the parties’ arguments, the court found defendant guilty of all five charges. On September 29, 2011, defendant filed a motion to vacate his guilty finding or, in the alternative, a motion for a new trial, asserting the court erred by denying his motion to suppress and the State failed to sustain its burden of proof on the armed-violence charge. In November 2011, defendant, represented by a different assistant public defender, filed an amended posttrial motion,raising ineffective-assistance-of-counsel claims. After a December 20, 2011, hearing, the court denied the amended posttrial motion.
¶ 7 On March 28, 2012, the trial court held a joint hearing on defendant‘s original posttrial motion and sentencing. The court denied the original posttrial motion and sentenced defendant to concurrent prison terms of 15 years for armed violence, 7 years for unlawful possession of a weapon by a felon, and 7 years for aggravated unlawful use of a weapon. The court did not sentence defendant on the two counts related to possession of a controlled substance because it found those counts merged with the armed-violence count. The court also ordered defendant to pay a $1,000 mandatory drug assessment, $100 crime laboratory fee, and a $70 street-value fine. Defendant had been in custody from June 22, 2010, to March 27, 2012, and the court awarded defendant a credit of $1,170 against the aforementioned assessments under section 110-14(a) of the Code of Criminal Procedure of 1963 (Procedure Code) (
¶ 8 On April 3, 2012, defendant filed a timely notice of appeal in sufficient compliance with Illinois Supreme Court Rule 606 (eff. Mar. 20, 2009), and thus this court has jurisdiction under Illinois Supreme Court Rule 603 (eff. Oct. 1, 2010).
¶ 9 II. ANALYSIS
¶ 10 A. One-Act, One-Crime Rule
¶ 11 Defendant first asserts his unlawful-possession-of-a-weapon-by-a-felon conviction must be vacated under the one-act, one-crime rule. The State concedes the conviction must be vacated under our supreme court‘s decision in People v. Johnson, 237 Ill. 2d 81, 96-99, 927 N.E.2d 1179, 1189-90 (2010). After reviewing the matter, we agree with the parties.
“The application of the one-act, one-crime rule is a question of law, which we review de novo. [Citation.] Under the rule, a defendant may not be convicted of multiple offenses that are based upon precisely the same single physical act. [Citations.] Thus, if a defendant is convicted of two offenses based upon the same single physical act, the conviction for the less serious offense must be vacated.” Johnson, 237 Ill. 2d at 97, 927 N.E.2d at 1189.
¶ 13 As in Johnson, 237 Ill. 2d at 97-98, 927 N.E.2d at 1189-90, the unlawful-possession-of-a-weapon-by-a-felon and aggravated-unlawful-possession-of-a-weapon charges in this case are both based on the same physical act of defendant possessing the handgun on or about his person. Our supreme court has held unlawful possession of a weapon by a felon is the less serious offense. Johnson, 237 Ill. 2d at 99, 927 N.E.2d at 1190. Thus, under the one-act, one-crime rule, we vacate defendant‘s unlawful-possession-of-a-weapon-by-a-felon conviction.
¶ 14 B. Fines
¶ 15 Defendant also asserts the clerk of the Macon County circuit court improperly imposed fines on him. The State agrees the clerk cannot impose fines but asks for the mandatory fines to be reimposed, notes some additional mandatory fines that need to be imposed, and addresses the proper credit that needs to be imposed. Defendant did not file a reply brief and thus did not challenge the State‘s analysis of the fines and credit.
¶ 16 In People v. Swank, 344 Ill. App. 3d 738, 747-48, 800 N.E.2d 864, 871 (2003), this court explained the proper roles of judicial and nonjudicial members in imposing statutory fines as follows:
“The imposition of a fine is a judicial act. The clerk of a court is a nonjudicial member of the court and, as such, has no power to impose sentences or levy fines. [Citation.] Instead, the circuit clerk has authority only to collect judicially imposed fines. [Citation.]” (Internal quotation marks omitted.)
While our Swank decision is almost a decade old, we still continue to deal with fines imposed by the clerks of the circuit courts. At this time, such actions by the clerks flagrantly run contrary to the law, and we trust this unauthorized practice will end without the necessity of this court issuing rules to show cause.
¶ 17 In this case, the trial court only imposed a $1,000 mandatory drug assessment (
¶ 18 The parties agree the following fines imposed by the clerk were mandatory in nature: (1) $5 “Youth Diversion” (
¶ 19 While defendant stated the “Clerk Op Add-On” assessment was an additional mandatory fine, the State did not request its reimposition, and thus we do not reimpose that assessment as the statutory basis for that charge is unclear. The parties did agree the following assessments should not be reimposed: (1) $14.25 “Child Advocacy Fee” (
¶ 20 In its brief, the State raises four additional fines not listed on the circuit clerk‘s computer printout that it asserts are also applicable to defendant. The four fines are the following: (1) $100 “Trauma Center” fine (
¶ 21 Now, we turn to the fines that are based on the total amount of other fines. Here, defendant‘s fines so far total $1,245 ($1,000 mandatory drug assessment, $70 street-value fine, $5 “Youth Diversion” fine, $10 “Medical Costs” fine, $100 “Trauma Center” fine, $5 “Spinal Cord” fine, $25 “State Police Services” fine, and $30 “Expungement of Juvenile Records” fine). Our court has stated the “Lump Sum Surcharge” contained in section 5-9-1(c) of the Unified Code of Corrections (Unified Code) (
¶ 22 In summary, we have vacated the following assessments imposed by the clerk of the circuit court: (1) $1.25 “Clerk Op Add-Ons“; (2) $15 “State Police Ops“; (3) $5 “Youth Diversion“; (4) $14.25 “Child Advocacy Fee“; (5) $9.50 “Nonstandard,” which the parties agree is for the mental-health court; (6) $10 “Medical Costs“; (7) $10 “Anti-Crime Fund“; (8) $30 “Lump Sum Surcharge“; and (9) $12 “Violent Crime.” We then reimposed or imposed the following fines: (1) $5 “Youth Diversion,” (2) $10 “Medical Costs,” (3) $100 “Trauma Center,” (4) $5 “Spinal Cord,” (5) $25 “State Police Services,” (6) $30 “Expungement of Juvenile Records,” (7) $320 “Lump Sum Surcharge,” and (8) $160 “Violent Crime.”
¶ 23 Defendant requests credit under section 110-14(a) of the Procedure Code (
¶ 24 The State first notes the trial court improperly gave defendant a $100 credit under section 110-14(a) against the $100 crime laboratory fee. Defendant does not contest this assertion, and we agree because the $100 crime laboratory assessment was a fee, not a fine. See People v. White, 333 Ill. App. 3d 777, 782, 776 N.E.2d 836, 840 (2002). Thus, as a result of the error, we will decrease the amount of credit awarded defendant against the fines imposed on appeal by $100. The State also asserts the “Spinal Cord,” “Medical Costs,” “Lump Sum Surcharge,” and “Violent Crime” fines are not eligible for credit under section 110-14(a) of the Procedure Code. Defendant has not contested the State‘s assertion, and after reviewing the applicable provisions, we agree with the State. Thus, only the following fines are entitled to credit under section 110-14(a) of the Procedure Code: (1) $5 “Youth Diversion,” (2) $100 “Trauma Center,” (3) $25 “State Police Services,” and (4) $30 “Expungement of Juvenile Records,” all of which total $160. Accordingly, defendant is entitled to an additional $60 credit ($160-$100 error) under section 110-14(a) for a total credit of $1,230.
¶ 25 Additionally, we emphasize the tremendous amount of appellate resources expended in
¶ 26 III. CONCLUSION
¶ 27 For the reasons stated, we vacate defendant‘s unlawful-possession-of-a-weapon-by-a-felon conviction and the nine fines imposed by the clerk of the Macon County circuit court, modify the amount of defendant‘s credit under section 110-14(a) of the Procedure Code, and affirm the judgment in all other respects. We also impose or reimpose nine mandatory fines in this case and remand the cause to the Macon County circuit court for an amended sentencing judgment consistent with this opinion. As part of our judgment, we award the State its $50 statutory assessment against defendant as costs of this appeal.
¶ 28 Affirmed in part as modified and vacated in part; cause remanded with directions.
Appendix A
Fines and Fees Often at Issue in Criminal Cases
(* pretrial detention credit available) (^ fine discretionary) (+ evidence required)
ALL CRIMINAL CASES
| Fine (general disposition provisions) | * | |
| Statutory Surcharge (Lump Sum) | $10 for each $40 | |
| VCVA - crimes after 7/1/12(felony) | $100 | |
| VCVA - crimes after 7/1/12 (misdemeanor) | $75 | |
| VCVA - earlier crimes (fines imposed) | $4 for each $40 | |
| VCVA - earlier crimes (no other fine) | $20 or $25 | |
| DNA Analysis fee(if no prior DNA test) | $250 (increase eff. 1/1/12) | |
| Expungement of juv. records (eff. 1/1/10) | $30* | |
| Streetgang fine (defendant gang member) | $100*(eff. 7/13/10) | |
| Crime committed while on parole fine | $25*(eff. 8/5/11) | |
| Medical Costs Fund | $10 | |
| Public Defender Reimbursement + |
PROBATION CASES
| Probation Service fee (monthly) | ||
| Anti-Crime Fund^ |
SUPERVISION CASES
| Anti-Crime Fund^ | ||
| Mandatory Drug/Alcohol Testing fee |
DRUG RELATED OFFENSES
| Drug Street Value fine + | * | |
| Meth Street Value fine + | * | |
| Cont. Sub. Drug Assessment (Class X) Cannabis | $3,000 * | |
| Cont. Sub. Drug Assessment (Class 1) Cannabis | $2,000 | |
| Cont. Sub. Drug Assessment (Class 2) Cannabis | $1,000 * | |
| Cont. Sub. Drug Assessment (Class 3 or 4) Cannabis | $500 * | |
| Cont. Sub. Drug Assessment (Class A) Cannabis | $300 * | |
| Cont. Sub. Drug Assessment (Class B or C) Cannabis | $200* | |
| Drug Trauma Fund fine | $100* | |
| Drug Spinal Cord Injury fine | $5 | |
| Performance enhancing substance fund | $50 | |
| Drug Traffic Prevention Fund | $25* | |
| Drug Disposal Fund (eff. 1/1/12) | $20* | |
| Meth Law Enforcement fund fine | $100* | |
| TF/MEG Meth Assessment (eff. 1/1/10) | $25* | |
| Meth Drug Disposal Fund (eff. 1/1/12) | $20* | |
| Drug Lab Analysis fee | $100 | |
| Juvenile Delinquent Drug Lab Analysis fee | $100 | |
| Drug paraphernalia fine | $750 |
DUI CASES
| DUI Equipment Fund fine | $750 | |
| DUI Lab Analysis fee | $150 | |
| Juvenile Delinquent DUI Lab Analysis fee | $150 | |
| DUI Trauma Fund fine | $100 | |
| DUI Spinal Cord Injury fee | $5 | |
| Felony Traffic Driver‘s Ed fee | $4 for each $40 | |
| Roadside Memorial Fund fee (eff. 8/25/09) | $50* |
OTHER CRIMINAL OFFENSES
| Theft & Deceptive Practices fine^ | greater of $25,000 or 2 x property value | |
| Offenses against local government/schools^ | greater of $25,000 or treble value of prop | |
| Domestic Violence fine | $200* | |
| Domestic Battery fine | $10 | |
| VOP fine (Family/Household Member) | $20 | |
| VOP fee (Surveillance Fund) | $200 | |
| Sexual Assault fine | $200* | |
| Sex Offender fine | $500 | |
| HIV Test Costs fee (sex crimes) | test costs | |
| Child Pornography fine | $500* | |
| Certain weapons offenses Trauma Fund | $100 | |
| Arson fine | $500 |
TRAFFIC OFFENSES
| Statutory Surcharge | $10 for each $40 | |
| VCVA - crime after 7/1/12 | $50 | |
| VCVA - earlier crimes (fines imposed) | $4 for each $40 | |
| VCVA - earlier crimes (no other fine) | $20 or $25 | |
| Serious Traffic Violation | $35 (increase eff. 9/20/10) | |
| Driver‘s Ed Fund | $4 for each $40 | |
| Reckless Driving (first offense)^ eff. 7/1/10 | up to $100 per response agency | |
| Reckless Driving (second or more)^ | up to $500 per response agency |
OTHER POSSIBLE FINES APPROVED BY THE COUNTY BOARD
| Court System fee | $5-$30 | |
| Guilty/Supervision fee (felony) | $50* | |
| Guilty/Supervision fee (Class A mis.) | $25* | |
| Guilty/Supervision fee (Class B or C mis.) | $15* | |
| 2nd or more DUI | $100* | |
| Drug-Court/Mental-Health Assessment | $10* | |
| Youth-Diversion/Peer-Court charge | up to $5* | |
| Drug Court | up to $5* | |
| Child Advocacy Center charge | $5-$30* | |
| Court Services fee | ≤ $25 | |
| State Police Operations Assistance Fund (if automation fee established) (eff. 7/13/10) |
WHEN FINES/ FEES ARE NOT TIMELY PAID (not part of the original sentencing judgment)
| Late Fee^ | 5%-15% of unpaid amount | |
| Collection Fee | 30% of unpaid amount |