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People v. Hill

Court of Appeals of Illinois, Third District

March 13, 2014

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
BRUCE A. HILL, Defendant-Appellant

Appeal from the Circuit Court of the 10th Judicial Circuit, Tazewell County, Illinois, Circuit Nos. 09-CF-36 and 11-CF-430. Honorable Stuart P. Borden, Judge, Presiding.

Affirmed in part and remanded with directions.

SYLLABUS

Pursuant to defendant's appeal after he pled guilty to failing to register as a sex offender and was sentenced to probation, and then was convicted of aggravated battery and domestic battery while on probation and was sentenced to 30 months in the Department of Corrections for the battery offenses and a concurrent term of 30 months for failing to register after his probation was revoked, the appellate court upheld the trial court's order requiring defendant to pay the DNA analysis fee entered in the battery case and the trial court was directed to correct the mittimus to show two additional days of credit for defendant's presentence incarceration and to enter a written order identifying the amount and nature of each charge ordered by the trial court and then allow the applicable $5- per - diem credit in each case.

Michael J. Pelletier and Gabrielle Green, both of State Appellate Defender's Office, of Chicago, for appellant.

Stewart J. Umholtz, State's Attorney, of Pekin (Robert M. Hansen, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE WRIGHT delivered the judgment of the court, with opinion. Justices Holdridge and O'Brien concurred in the judgment and opinion.

OPINION

WRIGHT, JUSTICE

Page 861

[¶1] Defendant, Bruce A. Hill, pled guilty to failure to register as a sex offender (730 ILCS 150/3(a) (West 2008)) and received a sentence of 24 months of probation in case No. 09-CF-36. While on probation for that offense, defendant was convicted of aggravated battery (a Class 3 felony) (720 ILCS 5/12-4(b)(8) (West 2010)) and domestic battery (a Class A misdemeanor) (720 ILCS 5/12-3.2(a)(2) (West 2010)), in case No. 11-CF-430, and the trial court sentenced him to serve 30 months in the Illinois Department of Corrections (DOC). Consequently, the trial court revoked defendant's probation in case No. 09-CF-36 and resentenced defendant to serve 30 months in the DOC, to be served concurrently with the sentence in case No. 11-CF-430.

[¶2] Defendant appeals both sentences, arguing the trial court improperly required him to pay a $200 deoxyribonucleic acid (DNA) analysis fee in case No. 11-CF-430, failed to properly credit him for time served, and failed to reduce his monetary obligation by allowing a $5- per-diem credit against his fines for each day spent in presentencing custody. We affirm the imposition of the $200 DNA analysis fee and remand for the trial court to properly credit defendant for time served.

[¶3] FACTS

[¶4] In 1993, the State charged defendant with aggravated criminal sexual abuse in Peoria County case No. 93-CF-835 and defendant was convicted of that offense on July 11, 1995. According to an information sheet from the Illinois State Police (ISP) Division of Forensic Services, defendant's " Blood Liquid" sample for DNA analysis was collected on July 11, 1995. Fifteen years later, on December 31, 2008, defendant was arrested for failure to register as a sex offender based on the 1993 sex offense.

[¶5] Following his first appearance before the trial court on February 4, 2009, the court set a recognizance bond. In response to defendant's inquiry on that date, the trial court explained that defendant would not be required to post any money and was not being arrested. Defendant signed the written personal recognizance bond on February 4, 2009.

[¶6] On September 8, 2009, defendant pled guilty in case No. 09-CF-36 and received a sentence of 24 months of probation for the offense of failure to register as a sex offender. The record shows the clerk did not assess a DNA analysis fee in case No. 09-CF-36. Before defendant's 24-month term of probation expired in that case, defendant was charged with aggravated battery and domestic battery based on a June 10, 2011, incident between defendant and his girlfriend.

[¶7] Following a jury trial, the jury returned verdict of guilty for the offense of aggravated battery and domestic battery as charged in case No. 11-CF-430. Subsequently, ...


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