People v. Hampton

Illinois Appellate Court
Criminal Court
Forfeiture
Citation
Case Number: 
2011 IL App (4th) 100219
Decision Date: 
Thursday, September 29, 2011
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Motion denied.
Justice: 
POPE
Defendant was convicted, after jury trial, of residential burglary. After trial, City Police Department notified Defendant that he could pick up his property ($651 in cash) after his appeal period ran or appeal was completed. At sentencing, Defendant was ordered to pay $1462 in restitution, and cash at police department was determined forfeited for application to restitution. Defendant's counsel filed motion for summary remand for compliance with Supreme Court Rule 606(b). Defendant had filed a pro se motion to recoup funds, but he had no authority to file pro se motions as he had been consistently represented by counsel, and thus this motion had not been properly before the trial court. Money is to be held pending resolution of Defendant's appeal. (KNECHT and APPLETON, concurring.)