Defendant was convicted, after bench trial, of unlawful possession of cannabis with intent to deliver, and of unlawful possession of heroin. Remanded with instructions to apply presentence incarceration credit against Defendant's fines and modify judgment order to conform with court's oral pronouncement that Defendant was guilty of lesser-included offense of unlawful possession of heroin rather than charged offense of unlawful possession of heroin with intent to deliver. A DNA analysis fee had been assessed against Defendant after his felony conviction in a prior case. Thus, DNA analysis fee imposed here was unauthorized. Although trial court had jurisdiction to enter written judgment order reflecting pronounced sentence, it did not have jurisdiction to modify it by imposing $2,000 drug assessment fine after filing of Defendant's notice of appeal. (CARTER and HOLDRIDGE, concurring.)
Illinois Appellate Court
Criminal Court
Fines and Fees