Defendant pled guilty to aggravated discharge of a firearm and was sentenced to 15 years; court imposed fines and fees. Court dismissed petition for writ of habeas corpus which appellate court had held should be treated as postconviction petition. State confessed error as to Defendant's DNA analysis fee, and thereby "revested" the courts with jurisdiction of Defendant's sentence. Although Defendant's sentence was final, both parties actively participated in appeal, and State failed to object to untimeliness of Defendant's attack on his sentence. DNA analysis fee is set aside, as both parties are in agreement to do so. Defendant's time in presentencing custody (279 days served) entitles him to full credit against 2 fines, totalling $60.(HUTCHINSON and ZENOFF, concurring.)
Illinois Appellate Court
Criminal Court
Fines and Fees