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The People of the State of Illinois v. Perry E. Hampton

September 29, 2011

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
PERRY E. HAMPTON,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of Champaign County No. 09CF1903 Honorable Heidi N. Ladd, Judge Presiding.

The opinion of the court was delivered by: Justice Pope

JUSTICE POPE delivered the judgment of the court, with opinion. Presiding Justice Knecht and Justice Appleton concurred in the judgment and opinion.

OPINION

¶ 1 This appeal comes to us on the motion of defendant's counsel, the office of the State Appellate Defender (OSAD), for summary remand for compliance with Illinois Supreme Court Rule 606(b) (eff. Mar. 20, 2009).

¶ 2 I. BACKGROUND

¶ 3 On February 3, 2010, a jury found defendant, Perry E. Hampton, guilty of residential burglary (720 ILCS 5/19-3(a) (West 2008)).Following the February 2010 jury trial, an evidence technician from the City of Urbana police department sent defendant a letter, stating as follows:

"In response to your recent inquiries, the Urbana Police Department has property which we believe belongs to you. 30 days after your conviction, this property may be picked up. This allows time for appeals. If there is an appeal, it may be picked up after the appeal process is over."

Further, the letter specifically identified the property as $651.

¶ 4 On March 11, 2010, the trial court sentenced defendant to 29 years' imprisonment with credit for 128 days already served, to be followed by a 2-year period of mandatory supervised release. Additionally, pursuant to a March 11, 2010, docket entry, the court ordered defendant to pay (1) $1,462 in restitution, (2) a Violent Crime Victims Assistance Act fee (see 725 ILCS 240/11 (West 2008)), and (3) a $200 genetic-marker-grouping-analysis fee.On that same day, the court entered a written order of forfeiture pursuant to sentence.Pursuant to this order, certain property seized from defendant's person at the time of the arrest was determined forfeited and would be delivered by the Urbana police department to the Champaign County circuit clerk. The property, which was identified as "$600 in U.S. Currency" and "$51.00 in U.S. Currency," was seized "for application to the ordered restitution."

¶ 5 On March 12, 2010, defense counsel filed a motion to reconsider sentence, or, in the alternative, for a new sentencing hearing, arguing defendant's sentence was excessive. On March 16, 2010, the trial court denied defendant's motion to reconsider his sentence. On March 19, 2010, defendant filed a notice of appeal.OSAD was appointed to serve as his attorney and an amended notice of appeal was filed on March 26, 2010.

¶ 6 On April 8, 2010, defendant mailed a pro se "motion to re-coupe [sic] personal funds" to the Champaign County circuit clerk's office, accompanied by a notarized certificate of service stating the motion was placed in the prison mail system on that date. In the "motion to re-coupe [sic] personal funds," defendant appears to challenge the amount of restitution imposed by the trial court. Specifically, defendant stated, in pertinent part, as follows:

"There never has been a hearing to determine how much the broken door costs. Nor [were] any fines, restitutions or any costs mentioned during trial, and after verdict."

Additionally, defendant argued the trial court abused its discretion by allowing certain evidence to be introduced at his sentencing hearing. Defendant requested copies "of all materials, including but not limited to, police reports, dispatch tapes reduced to writing, interview transcripts of any and all [of the] state's witnesses, pre-trial oral statements[,] and original statements of everyone involved" pursuant to the Freedom of Information Act (5 ILCS 140/1 through 11 (West 2008)). Defendant further requested that "any material or information which tends to negate [his] guilt *** or would tend to reduce his punishment" be produced according to Brady v. Maryland, 373 U.S. 83 (1963).

ΒΆ 7 In response to defendant's motion, the trial court sent defendant a letter on May 11, 2010, ...


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