People v. Nibbelin

The Illinois Supreme Court addressed a split in the appellate courts over whether a defendant who claims they should have been granted an assessment waiver under SCR 404(e) may raise the issue for the first time on appeal as a claim of ineffective assistance of counsel or whether the claim must first be pursued under SCR 472. The court concluded that when a defendant alleges that they were erroneously charged assessments despite being entitled to an assessment waiver, the claim must be raised in the trial court pursuant to a motion under Rule 472 and may not be raised for the first time on appeal by framing it as an ineffective assistance of counsel claim. (NEVILLE, OVERSTREET, HOLDER WHITE, CUNNINGHAM, O’BRIEN, and TAILOR, concurring)