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People v. McClinton

Court of Appeals of Illinois, Third District

March 5, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
HOWARD A. McCLINTON, Defendant-Appellant

Appeal from the Circuit Court of the 14th Judicial Circuit, Whiteside County, Illinois, Appeal No. 3-13-0109. Circuit No. 11-CF-443. Honorable Stanley B. Steines, Judge, Presiding.

SYLLABUS

On appeal from defendant's conviction for delivery of less than one gram of cocaine within 1,000 feet of a church, his sentence to seven years' imprisonment and the imposition of various fines and fees was upheld, but an order to pay $2,958 for the services of his appointed counsel was vacated, and the cause was remanded for a proper hearing under section 113-3.1 of the Code of Criminal Procedure.

Bryon Kohut, of State Appellate Defender's Office, of Ottawa, for appellant.

Trish Joyce, State's Attorney, of Morrison (Robert M. Hansen, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

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

OPINION

Page 713

LYTTON, J.

[¶1] A jury found defendant, Howard A. McClinton, guilty of delivery of less than one gram of cocaine, and the court sentenced him to seven years' incarceration. At the sentencing hearing, the court imposed various fines and fees and ordered defendant to pay $2,958 to reimburse the county for the public defender's services. Defendant appeals, arguing that the court abused its discretion by imposing the public defender fee and that defendant is entitled to additional $5-per-day credit toward his fines. We vacate the public defender fee, and remand with directions; we also order the circuit clerk to apply the appropriate sentencing credit, and otherwise affirm defendant's conviction.

[¶2] A jury found defendant guilty of unlawful delivery of a controlled substance (less than one gram of cocaine) within 1,000 feet of a church (Class 1 felony) (720 ILCS 570/407(b)(2) (West 2012)) and unlawful delivery of a controlled substance (less than one gram of cocaine) (Class 2 felony) (720 ILCS 570/401(d) (West 2012)).

[¶3] Prior to sentencing, the State moved the court to order that defendant reimburse the county $2,958 for services provided by appointed counsel. In the motion, the State asserted that defendant had the ability to pay $2,958, but did not support that assertion with any facts. Defendant filed a motion requesting $5-per-day credit under section 110-14 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/110-14 (West 2012)) for time spent in presentence custody. The motion asserted that defendant had spent 252 days in presentence custody.

[¶4] The cause proceeded to a sentencing hearing. Defendant gave an unsworn statement, in which he said that he was

Page 714

physically capable of working and hoped to take advantage of general educational development classes and work training in prison. The court imposed a sentence on only the Class 2 felony, and ...


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