People v. McClinton

Illinois Appellate Court
Criminal Court
Due Process
Citation
Case Number: 
2015 IL App (3d) 130109
Decision Date: 
Thursday, March 5, 2015
District: 
3d Dist.
Division/County: 
Whiteside Co.
Holding: 
Vacated in part and affirmed in part; remanded with directions.
Justice: 
LYTTON
Defendant was convicted, after jury trial, of delivery of less than one gram of cocaine, and he was sentenced to 7 years. Court erred in ordering reimbursement for public defender's service when Defendant was not given notice of hearing and was not allowed to present evidence as to his ability to pay. Court's actions in pronouncing amount to be paid to PD was "some sort of a hearing", but did not meet due process requirements. Case remanded for proper hearing on reimbursement. (O'BRIEN and SCHMIDT, concurring.)