Modified Upon Denial of Rehearing Filed February 11, 2014
Appeal from the Circuit Court of the Twelfth Judicial Circuit Will County, Illinois Appeal No. 3-12-0552 No. 11-CF-2264 Honorable Daniel J. Rozak, Judge Presiding.
JUSTICE WRIGHT delivered the judgment of the court, with opinion. Justices Carter and O'Brien concurred in the judgment, and opinion.
¶ 1 Defendant, Robert D. Hunter, was convicted of aggravated battery (720 ILCS 5/12-3.05(c) (West 2010)) and sentenced to six years' imprisonment. Defendant appeals his sentence by requesting this court to adjust the amount of certain monetary charges which the court purportedly ordered defendant to pay as part of his sentence following conviction. We affirm the judgment and remand with directions.
¶ 2 FACTS
¶ 3 During the sentencing hearing conducted June 6, 2012, neither party addressed or discussed the statutory costs, fees, and assessments to be ordered by the trial court. Consequently, when sentencing defendant for the offense of aggravated battery, the court did not address or articulate any amount with respect to this defendant's financial obligations. Instead, the trial court verbally announced defendant's sentence to serve six years' imprisonment.
¶ 4 Within the next 30 days, on June 28, 2012, defendant filed a motion to reconsider this sentence, challenging only the length of his court-ordered incarceration, the only component of his punishment announced by the trial court on June 6, 2012. On July 2, 2012, the court conducted a hearing and verbally denied defendant's motion to reconsider his sentence.
¶ 5 Thereafter, the court signed a judgment, dated July 2, 2012, ordering defendant to serve six years of incarceration in the Department of Corrections and additionally ordering defendant to pay an unspecified amount of court costs. Specifically, the court order required defendant to "pay costs of prosecution herein." The judgment order also awarded defendant credit for 226 days served in presentence custody from November 20, 2011, the date of arrest, until July 2, 2012, the date of the denial of his motion to reconsider sentence.
¶ 6 The record contains a document entitled "4th REVISED CRIMINAL COST SHEET, " presumably completed by the circuit clerk, itemizing 10 separate charges. The face of the preprinted cost sheet appears to indicate this preprinted form was originally drafted on June 22, 2007. The "4th REVISED CRIMINAL COST SHEET" contains a list of the court costs imposed on this defendant totaling $497, together with the statutory authority for those charges. These itemized charges included $200 in "Green Sheet Fees, " a $50 "Court Systems Fee, " and a $25 "Violent Crime Victim Asst. Fee" (VCV fee).
¶ 7 The court did not sign the cost sheet or make any notation of record to document it actually reviewed and then imposed the costs as summarized by the clerk. The record does not indicate whether defendant received a copy of the cost sheet on July 2, 2012. On appeal, defendant requests this court to correct certain monetary charges reflected on the cost sheet.
¶ 8 ANALYSIS
¶ 9 For the first time on appeal, defendant challenges $72 of the $497 in charges imposed by the court on July 2, 2012. Specifically, defendant requests the court to reduce the sheriff's fees by $5. In addition, defendant argues the $50 "Court Systems Fee" constitutes a fine that would be satisfied by applying the mandated statutory $5 credit for time defendant spent in presentence custody. Consequently, defendant argues, with the imposition of a fine in the form of a fee, the $25 VCV assessment must be reduced to $8.
¶ 10 The State argues the court systems charge is a fee, not a fine and, therefore, the VCV fee of $25 was correctly assessed. The State does not oppose a $5 ...