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.

The People of the State of Illinois v. Khaled W. Alghadi

October 17, 2011

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
KHALED W. ALGHADI,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of Champaign County No. 08CF729 Honorable Thomas J. Difanis, Judge Presiding.

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

PRESIDING JUSTICE KNECHT delivered the judgment of the court, with opinion.

Justices Turner and Appleton concurred in the judgment and opinion.

OPINION

¶ 1 In March 2009, a jury found defendant, Khaled W. Alghadi, guilty of robbery (720 ILCS 5/18-1(a) (West 2006)). In April 2009, the trial court sentenced him to 7 years' imprisonment with credit for 313 days previously served. Defendant appealed, and this court ultimately dismissed his appeal for lack of jurisdiction because his notice of appeal was untimely. People v. Alghadi, No. 4-09-0424 (Dec. 6, 2010) (unpublished order under Supreme Court Rule 23).

¶ 2 In September 2009, defendant pleaded guilty to residential burglary (720 ILCS 5/19-3 (West 2006)), pursuant to an open plea. In October 2009, the trial court sentenced him to 15 years' imprisonment to run concurrent with the robbery sentence and gave him credit for 457 days previously served. At the sentencing hearing, the court failed to specifically identify any assessed fees and fines.

¶ 3 Thereafter, defendant was assessed two $20 Violent Crime Victims Assistance Fund (VCVA) fines and two $5 drug-court fees. In February 2010, the circuit clerk sent defendant two notices for collection of his unpaid costs and fines in the amounts of $1,868.75 and $432.06. Because nothing had been paid, the circuit clerk assessed two late fees of $187.50 and $43.35 and two collection fees of $431.25 and $99.71.

¶ 4 Defendant appeals the judgment on his residential-burglary conviction, arguing the following: (1) the circuit clerk lacked authority to assess the two $20 VCVA fines and the two $5 drug-court fees; (2) if the assessments were properly imposed, then defendant is entitled to a $5-per-day credit against his fines under section 110-14(a) of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/110-14(a) (West 2008)); and (3) the circuit clerk lacked authority to assess the late and collection fees.

¶ 5 I. BACKGROUND

¶ 6 On April 16, 2008, the State charged defendant in a two-count information with (1) residential burglary (720 ILCS 5/19-3 (West 2006)), a Class 1 felony (720 ILCS 5/19-3(b) (West 2006)); and (2) robbery (720 ILCS 5/18-1(a) (West 2006)), a Class 2 felony (720 ILCS 5/18-1(b) (West 2006)). In January 2009, the trial court granted defendant's motion to sever the counts of the indictment. Although the counts were severed, the circuit clerk retained the same trial number of No. 08-CF-729 for both charges.

¶ 7 In March 2009, the case proceeded to a jury trial on the robbery count, and the jury found defendant guilty. In April 2009, the trial court sentenced him to 7 years' imprisonment with credit for 313 days previously served. Defendant appealed, and this court ultimately dismissed his appeal for lack of jurisdiction because his notice of appeal was untimely. People v. Alghadi, No. 4-09-0424 (Dec. 6, 2010) (unpublished order under Supreme Court Rule 23).

¶ 8 In September 2009, defendant pleaded guilty to the residential-burglary charge (720 ILCS 5/19-3 (West 2006)), pursuant to an open plea. The trial court heard the factual basis, admonished defendant, and accepted the guilty plea. On October 22, 2009, the court sentenced defendant to 15 years' imprisonment to run concurrent with the robbery sentence and gave him credit for 457 days previously served.

¶ 9 At the sentencing hearing, the trial court failed to specifically identify any assessed fees and fines. A docket entry made the same date shows defendant was assessed a charge of $1,250 for costs and would be assessed "[f]ines and/or [c]ost/[p]enalties and [f]ees" as part of his sentence for the residential-burglary conviction. However, this docket entry does not mention any VCVA fine or drug-court fee. Further, the docket entry provides "[a]ll financial obligations shall be paid in equal monthly installments to the Champaign County Circuit Clerk by." (It appears the due date was inadvertently left out of the docket entry.) Thereafter, defendant was assessed two $20 VCVA fines and two $5 drug-court fees.

ΒΆ 10 On November 10, 2009, defendant filed a motion to withdraw his plea, or alternatively, to reconsider the sentence, arguing his counsel was ineffective for giving him the following mistaken information: (1) if he entered a guilty plea, the trial court would sentence him to 10 years' imprisonment; and (2) if he proceeded to trial and was convicted, he could be sentenced up to a 30-year extended-term sentence. Further, ...


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.