People v. Gutierrez

This case presents question as to whether trial court properly imposed $250 public defender fee where trial court had failed to hold any hearing on defendant's ability to pay said fee. Appellate Court agreed that imposition of said fee was improper, but remanded matter back to trial court for consideration of defendant's ability to pay said fee. In his petition for leave to appeal, defendant argued that fee should have been vacated without any remand since section 113-3.1(a) of Code of Criminal Procedure requires that any hearing on defendant's ability to pay must be conducted within 90 days of final order disposing of case at trial level.