Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Scott

September 21, 2001

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
DAVID W. SCOTT, DEFENDANT-APPELLANT



Appeal from Circuit Court of Adams County No. 99CF414 Honorable Scott H. Walden, Judge Presiding

The opinion of the court was delivered by: Presiding Justice Steigmann

Released for publication October 30, 2001.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
DAVID W. SCOTT, DEFENDANT-APPELLANT

Appeal from Circuit Court of Adams County No. 99CF414 Honorable Scott H. Walden, Judge Presiding

The opinion of the court was delivered by: Presiding Justice Steigmann

PUBLISHED

 In February 2000, a jury found defendant, David W. Scott, guilty of delivery of a controlled substance (720 ILCS 570/401(d) (West 1998)). In April 2000, the trial court sentenced him to 7 1/2 years in prison and ordered him to pay various fines and costs totaling $1,200. After crediting defendant $5 per day for the 180 days he spent in presentencing incarceration, $300 remained unpaid. The court thus ordered the Department of Corrections (DOC) to withhold 50% of defendant's DOC wages and remit those funds to the Adams County circuit clerk to be applied toward the amounts due in fines and costs.

Defendant appeals, arguing only that the trial court lacked the authority to order that his DOC wages be withheld and remitted to the circuit clerk. The State concedes that the court lacked the authority to enter such an order, and we accept the State's concession.

In People v. Watson, 318 Ill. App. 3d 140, 142-43, 743 N.E.2d 147, 149 (2000), this court held that no authority exists for a trial court to direct that DOC withhold wages earned while a defendant is imprisoned. See also People v. Williamson, 319 Ill. App. 3d 891, 900, 747 N.E.2d 26, 34 (2001) (reaffirming our decision in Watson). We adhere to Watson and Williamson.

Accordingly, we affirm defendant's conviction and sentence, vacate that portion of the trial court's sentencing order directing DOC to withhold 50% of defendant's DOC wages, and remand with directions to modify the written judgment of sentence as stated.

Affirmed in part, vacated in part, and remanded with directions.

KNECHT, J., concurs.

MYERSCOUGH, J., specially concurs in part and dissents in part.

JUSTICE MYERSCOUGH, specially concurring in part and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.