People v. Hible

Illinois Appellate Court
Criminal Court
Fines and Fees
Citation
Case Number: 
2016 Il App (4th) 131096
Decision Date: 
Tuesday, April 26, 2016
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
KNECHT

Defendant pled guilty to aggravated battery, and 4 hears later filed Section 2-14-1 petition claiming actual innocence and ineffective assistance of counsel, which court denied. Defendant challenged imposition of fines and presentence credit. Fines imposed by circuit clerk are void, als circuit clerk is prohibited from entering judgment. Circuit clerk can levy fees on a defendant, but only court can impose fines on a defendant.The $50 court fee, and the $2 Anti-Crime Fund charge, and youth diversion program charge, are all fines. State is not entitled to add lump-sum surcharge, as State is not "defending" any claims made on appeal. (HOLDER WHITE and POPE, concurring.)