Appeal fro the Circuit Court of Lake County. No. 12-CF-3315. Honorable Mark L. Levitt, Judge, Presiding.
In a prosecution for burglary where the State delayed obtaining an indictment for 79 days to gain a tactical advantage, defendant's due process rights were not violated and his burglary conviction was affirmed, since the delay between the information and the indictment was occasioned by defendant, but the public defender fee of $750 was vacated because of the trial court's failure to conduct the requisite hearing regarding defendant's financial resources where there was no evidence that the trial court made any reference to the public defender or to its intent to impose the fee, the fee was imposed by written order sometime after the hearing, and there was no evidence that a hearing " was held to resolve defendant's representation by the public defender."
Thomas A. Lilien and Richard C. Harris, both of State Appellate Defender's Office, of Elgin, for appellant.
Michael G. Nerheim, State's Attorney, of Waukegan (Lawrence M. Bauer and Barry W. Jacobs, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE HUDSON delivered the judgment of the court, with opinion. Justices McLaren and Spence concurred in the judgment and opinion.
[¶1] Following a jury trial, defendant, James K. Daniels, was found guilty of burglary (720 ILCS 5/19-1(a) (West 2010)) and sentenced to 11 years in prison. The trial court also ordered defendant to pay a $750 public defender fee (725 ILCS 5/113-3.1(a) (West 2012)). Defendant timely appeals, arguing: (1) his due process rights were violated where the State intentionally delayed obtaining an indictment for 79 days after filing the information, in order to gain a tactical advantage over defendant; and (2) the $750 public defender fee must be vacated outright, because it was imposed without the requisite hearing. For the reasons that follow, we affirm defendant's conviction of burglary, and we vacate the $750 public defender fee.
[¶2] I. BACKGROUND
[¶3] On August 8, 2012, in case No. 12-CF-2279, defendant was charged by information with burglary of an automobile (720 ILCS 5/19-1(a) (West 2010)), alleged to have been committed in June 2012. He was arrested on August 18, 2012, and filed a speedy-trial demand the next day.
[¶4] On September 26, 2012, the State filed a motion requesting that defendant be ordered to submit a DNA sample. In its motion, the State alleged that blood evidence had been collected from the automobile at issue and that a DNA profile had been obtained. The State further alleged that entry of the DNA profile into the Combined DNA Index System (CODIS) resulted in a match with defendant's previously-obtained DNA profile. The State argued that additional DNA from defendant was necessary for further comparison. The trial court granted the State's motion and, on October 19, 2012, a buccal swab was collected from defendant.
[¶5] In a report dated October 23, 2012, forensic scientist Sarah E. Owens reported that the CODIS search for the DNA obtained from the blood evidence also detected a match with DNA evidence that had been obtained in case " 12-45657" from " Item 01 (report 1)."
[¶6] On November 5, 2012, defendant was charged by information in the present case with two counts of burglary (720 ILCS 5/19-1(a) (West 2010)). Count I alleged that, in July 2012, defendant entered a Chevrolet Suburban with the intent to commit theft. Count II alleged that, in August 2012, defendant entered a Chevrolet Tahoe with the intent to commit theft.
[¶7] A bond hearing took place on November 6, 2012, and a public defender was appointed to represent defendant. The record contains several minute orders indicating that, after defendant's bond hearing, the matter was continued on defendant's motion on November 15, 2012, December 13, 2012, December 20, 2012, and December 27, 2012. On January 2, 2013, a preliminary hearing ...