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People v. Irby

Court of Appeals of Illinois, Third District

May 11, 2015

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
JOSHUA M. IRBY, Defendant-Appellant

Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois. Circuit No. 12-CF-823. Honorable Stephen Kouri, Judge, Presiding.

Dimitri Golfis (argued), of State Appellate Defender's Office, of Ottawa, for appellant.

Jerry Brady, State's Attorney, of Peoria (Laura E. DeMichael (argued), of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Lytton and O'Brien, Justices concurred in the judgment and opinion.

OPINION

Page 739

SCHMIDT, JUSTICE.

[¶1] Following a stipulated bench trial, the court found defendant, Joshua Irby, guilty of aggravated unlawful use of a weapon and sentenced him to six years' imprisonment followed by three years' mandatory supervised release. In a separate order, the court ordered defendant to pay $100 Violent Crime Victims Assistance Fund assessment and $20 Crime Stoppers assessment. Three months later, the clerk

Page 740

issued two separate payment sheets, each totaling $677.50 in assessments. The clerk did not apply the statutory $5 per diem credit to the assessments.

[¶2] Defendant appeals, arguing that: (1) the court erred in denying his motion to suppress; (2) the State failed to present sufficient evidence to support a guilty finding beyond a reasonable doubt; and (3) the clerk of the circuit court erred in imposing monetary fines and fees against defendant. For the following reasons, we reverse.

[¶3] BACKGROUND

[¶4] The State charged defendant with one count of aggravated unlawful use of a weapon and one count of unlawful possession of a weapon by a felon. The case proceeded to a bench trial in March 2013. Ultimately, the court found defendant guilty of aggravated unlawful use of a weapon; the court dismissed the charge of unlawful possession of a weapon by a felon.

[¶5] On August 2, 2012, police arrested defendant outside of his home located at 2910 West Wyoming. Prior to trial, defendant moved to quash his arrest and suppress evidence obtained from searching him and his car. The court conducted a motion hearing where the parties presented the following evidence.

[¶6] Defendant testified that on August 2, 2012, his girlfriend " Miss Foster" visited him around midnight. Foster parked her Ford Explorer truck on the street outside of defendant's house. She met defendant on the front porch. Defendant and Foster then sat inside Foster's truck; defendant sat in the driver's seat. Foster left the keys in the ignition, but defendant did not turn ...


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