Court of Appeals of Illinois, First District, Sixth Division
Appeal from the Circuit Court of Cook County. No. 13 CR 3233. Honorable Vincent M. Gaughan, Judge, Presiding.
FOR APPELLANT(S): Michael J. Pelletier, Alan D. Goldberg, and Rebecca I. Levy, Office of the State Appellate Defender, Chicago, IL.
FOR APPELLEES(S): Alan J. Spellberg, Carol L. Gaines, and Justin R. Kordys, Office of the Cook County State's Attorney, Chicago, IL.
Hall and Lampkin,
Justices concurred in the judgment and opinion.
[¶1] Following a bench trial, the defendant, John Rankin, was convicted of residential burglary (720 ILCS 5/19-3(a) (West 2012)) and sentenced to 84 months' imprisonment to be followed bye 3 years mandatory supervised release (MSR). Additionally, the trial court imposed $549 in fines and costs and ordered the defendant to pay a $450 fee to reimburse the county for the funds expended for the services of his court-appointed defense counsel. On appeal, the defendant argues that the evidence was insufficient to prove him guilty beyond a reasonable doubt and the trial court erred in imposing the $450 fee without holding a hearing to determine his ability to pay. For the reasons which follow, we: reverse the defendant's conviction and sentence for residential burglary along with the $549 of fines and costs assessed against him; vacate the $450 fee which the trial court ordered the defendant to pay to reimburse the county for the services rendered by his court-appointed counsel; and remand this cause to the trial court with instructions.
[¶2] The defendant was arrested and charged by information with one count of residential burglary. The State filed a pretrial motion pursuant to section 113-3.1(a) of the Code of Criminal Procedure of 1963 (Code of Criminal Procedure) (725 ILCS 5/113-3.1(a) (West 2012)), seeking reimbursement for the county funds expended for the cost of the defendant's court-appointed attorney and requested that the motion be entered and continued. The defendant filed a pretrial motion to quash his arrest and suppress identification evidence based upon his arrest by the police without a warrant and without probable cause. The defendant waived his right to a jury trial, and the trial court heard his motion to quash and suppress contemporaneously with the trial. The following evidence was adduced at the defendant's bench trial.
[¶3] Patrick Mance lived in the basement apartment at 804 South Karlov Avenue in Chicago. The door to the apartment opened to a gangway located on the side of the building.
[¶4] Mance testified that, on January 3, 2013, he went out with a friend after working from 12:30 to 9:00 p.m. at the Chicago Transit Authority. He stated that, on January
4, 2013, at about 3:30 or 4:00 a.m., he was riding as a passenger in a car driven by his friend when the car passed' the building in which he lived. Mance testified that he saw the defendant in the gangway located on the side of the building carrying clothes. According to Mance, the lighting was good, and he observed the defendant for a period of 4 to 5 seconds from 20 feet away. Mance testified that he had known the defendant all of his life. He stated that, after he saw the defendant, his friend kept driving because he " didn't think nothing of it."
[¶5] Mance testified that, when he returned home at about 10:00 a.m., he found that the door to his apartment-had been " pried open or kicked in." When he entered the apartment, he discovered that all of his clothes were missing, the kitchen had been " tom up," and pipes were missing from the ceiling. Mance stated that he called the police, and they came to his apartment. When the police arrived, he told the officers that he had seen someone in the gangway, but he did not give the ...