People v. Carreon 

Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
2011 IL App (2d) 100391
Decision Date: 
Monday, October 31, 2011
District: 
2d Dist.
Division/County: 
Lake Co.
Holding: 
Affirmed in part, reversed in part, and vacated in part; remanded.
Justice: 
BOWMAN
Defendant was convicted of possession of drug paraphernalia and possession of cannabis, after cannabis, a pipe, and a cigar containing traces of cannabis were found in his truck. A cigar is not within the definition of drug paraphernalia, as cigars are traditional means of ingesting tobacco. Court improperly ordered Defendant to pay public defender-fee without first holding hearing on his ability to pay. Assessment of fine was improper as statute providing for its imposition was not in effect at time of Defendant's offense. Mental-health-court fee is a fine. (ZENOFF and BIRKETT, concurring.)