People v. Chacon

Defendant was convicted, after jury trial, of first degree murder, and later filed pro se motion to modify-correct a void sentence, arguing that DOC improperly added 3-year term of mandatory supervised release (MSR) not imposed by trial court. Section 22-105 of Code of Civil Procedure applies to Defendant's motion, as motion is an action against the State within meaning of Section 22-105.  Motion had an arguable basis in law and was not frivolous.  Trial court alone has power to assign term of MSR, and DOC may not alter trial court's pronouncement. Thus, court's order imposing fees and costs against Defendant is vacated. (NEVILLE and HYMAN, concurring.)