People v. Walker

Illinois Appellate Court
Criminal Court
Fines
Citation
Case Number: 
2016 IL App (3d) 140766
Decision Date: 
Friday, October 28, 2016
District: 
3d Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
SCHMIDT

Court dismissed Defendant's second-stage postconviction petition. VCVA and drug court fines and other fines are void, as they were imposed without authority by circuit clerk, and without order of court. The State's sole recourse to impose mandatory fines is not remand, but to file petition for writ of mandamus seeking order requiring court to impose statutorily required fines. (CARTER, concurring; WRIGHT, dissenting.)