People v. Anthony 

Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
2011 IL App (1st) 091528
Decision Date: 
Monday, November 7, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and vacated in part; mittimus corrected.
Justice: 
Mc BRIDE
(Reconsidering 3/31/11 decision per Supreme Court direciton.) Defendant was convicted, after bench trial, of two counts of unlawful possession of a weapon by a felon, based upon possession of a handgun and possession of the firearm ammunition inside that handgun. Through amendment, legislature specifically authorized multiple convictions for simultaneous violations of the statute. Defendant was previously ordered to submit DNA sample and pay fee, and thus order imposing DNA fee is void. Court system fee must be vacated because convictions were not for violations of Vehicle Code. Court services fee was properly assessed, as statute permits it to be assessed upon any judgment of conviction. County Jail Medical Costs fee is to be collected regardless of whether a defendant incurs injury or requires treatment while in custody. Mental health court fee and Children's Advocacy Center charge are fines, to which a defendant is entitled to apply presentence credit. (GARCIA, concurring; R.E. GORDON, dissenting.)