People v. Wade

Because imposition of a fine is a judicial act, and circuit clerk has no authority to levy fines, any fines imposed by circuit clerk are void from their inception. The Castleberry court decision, abolishing the void sentence rule, does not apply to unauthorized imposition of fines by a circuit clerk. All fines and fees imposed by circuit clerk are vacated, and case remanded with directions that court should impose each proper fine, fee, assessment, and court cost, in written order indicating statutory authority for each one.(CARTER, concurring; SCHMIDT, concurring in part and dissenting in part.)