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People v. White

September 05, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
MARC E. WHITE, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Winnebago County. No. 98--CF--1969 Honorable Richard W. Vidal, Judge, Presiding.

The opinion of the court was delivered by: Justice Byrne

Released for publication September 12, 2002.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
MARC E. WHITE, DEFENDANT-APPELLANT.

Appeal from the Circuit Court of Winnebago County. No. 98--CF--1969 Honorable Richard W. Vidal, Judge, Presiding.

The opinion of the court was delivered by: Justice Byrne

PUBLISH

The issue presented by this appeal is whether the monetary credit allowed by section 110--14 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110--14 (West 2000)) applies to court costs, probation fees, and lab analysis fees. Section 110--14 provides:

"Credit for Incarceration on Bailable Offense. Any person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of such offense shall be allowed a credit of $5 for each day so incarcerated upon application of the defendant. However, in no case shall the amount so allowed or credited exceed the amount of the fine." 725 ILCS 5/110--14 (West 2000).

For the reasons that follow, we hold that the monetary credit allowed by section 110--14 does not apply to court costs, probation fees, or lab analysis fees.

Defendant, Marc E. White, was charged with burglary in case No. 98- -CF--1606; with burglary in case No. 98--CF--1969; and with possession of a controlled substance in case No. 98--CF--2981. The trial court consolidated the cases. Pursuant to an agreement, defendant entered a plea of guilty to all three charges. With respect to case Nos. 98--CF-- 1606 and 98--CF--2981, the trial court sentenced defendant to concurrent terms of incarceration of 4½ years. With respect to case No. 98--CF-- 1969, the trial court sentenced defendant to 30 months' probation to run consecutive to the terms of incarceration. This appeal involves only the sentence of probation.

The probation order provided that defendant was to pay various "costs, fees, [and] penalties." These monetary obligations included statutory court costs of $213; probation fees of $10 per month; a street value fine of $70; a drug assessment fee of $500; and a lab analysis fee of $50. The probation order specified that defendant was to receive 258 days of credit for time served. Defendant subsequently filed a pro se motion for credit for incarceration on a bailable offense. Relying on section 110--14 of the Code (725 ILCS 5/110--14 (West 2000)), defendant asserted that he was entitled to a monetary credit of $5 for each of the 258 days that he was incarcerated when he could have supplied bail. Defendant also asserted that this amount should be applied against all of the monetary obligations that the probation order required him to pay. Defendant calculated the maximum amount of his entitlement under section 110--14 to be $1,290 and the total amount of the monetary obligations imposed by the probation order to be $1,145. Based on these calculations, defendant argued that the monetary credit that he was entitled to under section 110--14 covered all of the monetary obligations that the probation order required him to pay and should be applied against all of these monetary obligations.

On March 21, 2001, following a hearing on the matter, the trial court entered an order regarding defendant's motion. As modified, the order stated in relevant part:

"[T]he street value fine of $70.00 and the statutory drug offense assessment of $500.00 are shown to be paid by the $5 per day credit earned by the defendant for the 258 days he served in the Winnebago County Jail in this cause. The court costs, probation fee and lab fee cannot be shown as paid by credit for time served as mentioned above as they are costs and fees and not fines or assessments."

Defendant subsequently filed a notice of appeal. The back of the notice of appeal was stamped "RECEIVED" by the clerk of this court on April 18, 2001. The front of the notice of appeal was ...


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