Defendant pled guilty to aggravated domestic battery, and was sentenced to 4 years. Nearly 4 years after sentencing, Defendant filed pro se petition for relief from judgment. Defendant requested, for the first time on appeal, application of $5 per diem credit to offset his $50 court systems fine. There is no impediment to granting the credit, even when requested for the first time before a reviewing court. Remanded for circuit court to apply $50 credit to satisfy Defendant's $50 court systems fine. Imposition of a successive DNA analysis fee did not result in a void sentence, and because Defendant did not preserve this issue in trial court and forfeiture applies, Defendant is procedurally defaulted as to DNA analysis fee issue. (McDADE and SCHMIDT, concurring.)
Illinois Appellate Court
Criminal Court
Fines and Fees