Appeal from Circuit Court of No. 08CF313 Honorable Robert M. Travers, Judge Presiding.
The opinion of the court was delivered by: Justice Steigmann
JUSTICE STEIGMANN delivered the judgment of the court, with opinion.
Justices Appleton and McCullough concurred in the judgment and opinion.
Following an August 2009 bench trial, the trial court convicted defendant, Lindsey B. Davis, of obstructing justice (720 ILCS 5/31-4(a) (West 2008)). Shortly thereafter, the court sentenced defendant to 7 days in jail and 24 months of probation, ordering defendant, in pertinent part, to pay a $200 deoxyribonucleic acid (DNA) fee.
Defendant appeals, arguing that (1) the State failed to prove her guilty beyond a reasonable doubt and (2) the trial court erred by failing to award her $10 against her DNA fee for time she spent in pretrial custody. Because we agree that the court erred by failing to award her $10 against her DNA fee, we affirm as modified and remand with directions that the court amend its sentencing order to reflect a $10 credit against defendant's DNA fee.
A. The State's Charges and Defendant's Trial In December 2008, the State charged defendant with (1) one count of obstructing justice and (2) two counts of aiding a fugitive for her involvement in concealing the fact that the father of her children, Jason Bates, was hiding in her house. At an August 2009 bench trial, the parties presented the following evidence.
The State presented testimony from police officers that they were looking for Bates because they had a warrant for his arrest. Officers arrived at the residence where defendant was staying and knocked on the door. Defendant answered. When asked whether she had seen Bates, defendant responded that she had not and could not remember the last time she had seen him, explaining that only her brother and her children were inside the home.
After speaking privately to her brother (who was also present when the police arrived) a short time later, defendant began crying and said that Bates was in the house. Defendant also conceded that she knew Bates had warrants out for his arrest. Officers then searched the house and found Bates.
Defendant testified that Bates had been at the house earlier that day to see the children, but that she told him to leave because she knew he was wanted by the police. Bates told her that he ...