People v. Reyes

Defendant was convicted of aggravated driving under the influence and sentenced to 36 months in prison. Defendant was assessed various fines and fees and subsequently sought to have the fines revoked under section 5-9-2 of the Code of Corrections. The trial court denied his petitions to revoke the fines and the appellate court affirmed. Defendant then appealed to the Supreme Court, asking it to determine whether the same rules of civil procedure apply to both section 2-1401 Code of Civil Procedure as well as section 5-9-2, whether section 5-9-2 allows a trial court to revoke mandatory fines, and whether the trial court abused its discretion in denying his petition. The Supreme Court answered the questions in the negative and affirmed the judgments of the lower courts. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, and ROCHFORD, concurring and O’BRIEN, specially concurring)