People v. Copeland

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2020 IL App (2d) 180423
Decision Date: 
Tuesday, June 16, 2020
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated in part; affirmed as modified in part.
Justice: 
BRIDGES

Defendant entered open guilty pleas to sexual assault and sexual abuse, sentenced to consecutive terms of 6 and 4 years, and ordered to pay "restitution" to a private company that transported him from Texas to Illinois. Court erred in awarding restitution instead of costs under section 124A-5 of the Code of Criminal Procedure. The charge by the transport company is a "cost of prosecution" under section 124A-5, and is within the definition of "costs" in Rule 472(a)(1). Section 124A-5 does not define restitution as a cost.Judgment modified to impose court costs of $765.90 (amount charged by transport company to sheriff's department). (JORGENSEN and BRENNAN, concurring.)