People v. Burnett

(Modified upon denial of rehearing 2/3/17.) Defendant pled guilty to burglary. Sentencing order entered judgment for costs, but fines were not discussed as part of plea and were not entered on sentencing order or mittimus. Eleven fines were imposed by circuit clerk and are therefore void. (Remaining assessments are fees properly imposed by circuit clerk.) Although Defendant's notice of appeal was from his postconviction petition, in which he did not challenge improper assessments, an appellate court can address a forfeited argument that circuit clerk acted beyond its authority in imposing a fine, as a void order may be attacked at any time. (O'BRIEN and CARTER, concurring.)