People v. Contursi

Defendant was convicted, after bench trial, of aggravated battery and sentenced to 8 years with a $25,000 felony fine and various fees. Court's determination that Defendant had a union job and lived in a condominium for several years before offense did not adequately address his future ability to pay such a large fine after his sentence. Fine vacated, and remanded for court to adequately assess Defendant's ability to pay including his future ability to pay. The $5 electronic citation fee must be vacated, as it applies only in traffic, misdemeanor, ordinance and conservation cases. Defendant is already in the DNA database, and thus cannot be ordered to pay another DNA fee. (DELORT and CUNNINGHAM, concurring.)