People v. Gutierrez

Defendant was convicted of predatory criminal sexual assault of a child. Defendant appealed, arguing that several fines and fees had been improperly imposed. Appellate court vacated $250 public defender fee, as Defendant had not been provided notice and hearing. However, court improperly remanded, as neither State nor trial court had made motion for imposition of fee, and trial court had not ordered reimbursement; circuit clerk had imposed fee on its own, without authority to do so. Thus, appellate court should have vacated fee outright. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)