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The People of the State of Illinois v. Robert E.D. O'laughlin

November 29, 2012

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
ROBERT E.D. O'LAUGHLIN,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of No. 10CF911 Macon County Honorable Lisa Holder White, Judge Presiding.

The opinion of the court was delivered by: Justice Pope

Carla Bender 4th District Appellate Court, IL

JUSTICE POPE delivered the judgment of the court, with opinion. Justices Steigmann and Cook concurred in the judgment and opinion.

OPINION

¶ 1 Defendant, Robert E.D. O'Laughlin, argues the Macon County circuit clerk improperly imposed various fines against him as a result of his convictions for aggravated driving under the influence of alcohol, driving while license revoked or suspended, and aggravated fleeing or attempting to elude an officer. The State concedes the circuit clerk erred in imposing certain fines. However, the State asks this court to remand the case to the trial court for it to impose certain mandatory fines. We affirm defendant's conviction, vacate the fines improperly imposed by the circuit clerk, and remand this case with directions for the trial court to impose certain fines as directed and others if deemed appropriate.

¶ 2 I. BACKGROUND

¶ 3 Because defendant makes no argument with regard to his convictions, we need not address the facts leading to his arrest. In June 2010, the State charged defendant with aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d)(1)(A) (West 2010)) with four prior driving under the influence convictions (count I), driving while license revoked or suspended with nine prior convictions for driving while license revoked or suspended (625 ILCS 5/6-303(d-4) (West 2010)) (count II), aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d)(1)(G) (West 2010) (count III), and aggravated fleeing or attempting to elude an officer (625 ILCS 5/11-204.1(a)(4) (West 2010)) (count IV).

¶ 4 On September 30, 2010, a jury found defendant guilty of aggravated driving under the influence of alcohol, driving while license revoked or suspended, and aggravated fleeing or attempting to elude an officer. In November 2010, the trial court sentenced defendant to the following concurrent terms of imprisonment: (1) 10 years for aggravated driving under the influence of alcohol; (2) 5 years for driving while license revoked or suspended; and (3) 3 years for aggravated fleeing or attempting to elude a police officer. In sentencing defendant, the court stated: "There is a $1,000 Alcohol Enforcement Fund Fee, $100 Trauma Fund Fee, $5 Spinal Cord Research Fund Fee. [Defendant] is to pay the costs." The court ordered defendant be given credit for time served between June 12, 2010, and November 14, 2010. In November 2010, defendant's attorney filed a motion to reduce his sentence, which the trial court denied.

¶ 5 Sometime after sentencing, the circuit clerk imposed additional fines and fees on defendant. A supplement to the record on appeal lists the following fines and fees assessed against defendant: (1) "Clerk"-$115; (2) "Clerk Op Add-Ons"-$6.25; (3) "Automation"-$15; (4) "Document Storage"-$15; (5) "State Police Ops"-$15; (6) "State's Atty"-$30; (7) "Court"-$50; (8) "Judicial Security"-$15; (9) "Youth Diversion"-$5; (10) "Child Advocacy Fee"-$14.25; (11) "Sheriff"-$120; (12) "Medical Costs"-$10; (13) "Nonstandard"-$9.50; (14) "Violent Crime"-$100; (15) "Anti-Crime Fund"-$10; (16) "Trauma Center"-$100; (17) "DUI Equipment"-$1,000; (18) "Spinal Cord Trust"-$5; (19) "Fire Prevention"-$15; (20) "Lump Sum Surcharge"-$250; and (21) "Firetruck Ln Fund"-$15. According to the circuit clerk, defendant's fines and fees totaled $1,915. While this printout of fines and fees clearly reflected the $100 "Trauma Fund Fee" and $5 "Spinal Cord Research Fund Fee" imposed by the trial court, the record did not clearly reflect whether the $1,000 "Alcohol Enforcement Fund Fee" imposed by the court was included in the circuit clerk's computerized printout.

¶ 6 This appeal followed.

¶ 7 II. ANALYSIS

¶ 8 On appeal, defendant does not challenge his convictions but only argues the circuit clerk erred in imposing certain fines and the trial court erred by not awarding him $780 in presentence custody credit. The State concedes the circuit clerk did not have authority to impose certain fines. People v. Swank, 344 Ill. App. 3d 738, 747-48, 800 N.E.2d 864, 871 (2003) (imposing a fine is a judicial act). However, the State argues these fines were applicable and mandatory and should be imposed by the trial court on remand. See People v. Shaw, 386 Ill. App. 3d 704, 711, 898 N.E.2d 755, 762-63 (2008). Defendant neither challenges the applicability or mandatory nature of the fines nor the additional fines raised by the State.

¶ 9 In their initial briefs to this court, the parties failed to present the issues in a way that would permit us to provide guidance to the trial court on remand. As a result, this court ordered both defendant and the State to provide us with additional information, including the following: (1) the statutory authority for each fine and/or fee listed on the circuit clerk's computer printout; (2) any fines and/or fees (with statutory authority) imposed by the trial court not reflected on the circuit clerk's computer printout; (3) an argument on or concession of the applicability and mandatory nature of the fines and/or fees at issue in the appeal; and (4) a proposed calculation showing the total dollar amount of fines to be imposed on defendant on remand by the trial court.

ΒΆ 10 In response, the office of the State Appellate Defender (OSAD) and the State's Attorneys Appellate Prosecutor (SAAP) provided the statutory authority for the fines and fees reflected on the circuit clerk's computer printout, as follows: (1) "Clerk"-705 ILCS 105/27.1a(w)(1)(A), (F) (West 2010); (2) "Clerk Op Add-Ons" (included within the "Serious Traffic Violation Fee")-625 ILCS 5/16-104d (West 2010); (3) "Automation"-705 ILCS 105/27.3a(1) (West 2010); (4) "Document Storage"-705 ILCS 105-27.3c(a) (West 2010); (5) "State Police Ops"-705 ILCS 105/27.3a(1.5), (5) (West 2010); (6) "State's Atty"-55 ILCS 5/4-2002(a) (West 2010); (7) "Court"-55 ILCS 5/5-1101(c) (West 2010); (8) "Judicial Security"-55 ILCS 5/5-1103 (West 2010); (9) "Youth Diversion"-55 ILCS 5/5-1101(e) (West 2010); (10) "Child Advocacy Fee"-55 ILCS 5/5-1101(f-5) (West 2010); (11) "Sheriff"-55 ILCS 5/4-5001 (West 2010); (12) "Medical Costs"-730 ILCS 125/17 (West 2010); (13) "Nonstandard" (a/k/a "Mental Health Court Fee")-55 ILCS 5/5-1101(d-5) (West 2010); (14) "Violent Crime"-725 ILCS 240/10(b) (West 2010); (15) "Anti-Crime Fund"-730 ILCS 5/5-6-3(b)(12), (13), 5-6-3.1(c)(12), (13) (West 2010); (16) "Trauma Center"-730 ILCS 5/5-9-1(c-5) (West 2010); (17) "DUI ...


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