from the Circuit Court of the 10th Judicial Circuit, Peoria
County, Illinois, Appeal No. 3-14-0837 Circuit No. 12-CF-113
Honorable David A. Brown, Judge, Presiding.
JUSTICE LYTTON delivered the judgment of the court, with
opinion. Justices O'Brien and Carter concurred in the
judgment and opinion.
1 Defendant, Terry L. Burnett, appeals the summary dismissal
of his postconviction petition arguing that the circuit clerk
improperly assessed fines against him. We vacate the fines
imposed by the circuit clerk.
3 Defendant pled guilty to burglary (720 ILCS 5/19-1(a) (West
2012)) in exchange for a 6½-year sentence in this case
and a 2½-year sentence in an unrelated case. The
sentencing order entered a judgment for costs, but fines were
not discussed as part of the plea and were not entered on
either the sentencing order or the mittimus. Subsequently,
defendant moved to withdraw his guilty plea, which the trial
court denied as untimely.
4 Defendant filed a postconviction petition contesting his
guilty plea and his sentence. The petition did not raise any
issue with the fines and fees imposed against defendant. The
trial court summarily dismissed the petition. Defendant filed
a notice of appeal on October 14, 2014, from the dismissal of
his postconviction petition.
5 A sheet titled "Case Transactions Summary"
appears in the record. A certification on the transactions
summary is dated December 8, 2014, is signed by the deputy
circuit clerk, and bears the seal of the circuit court of
Peoria County. This court stamped the transaction summary as
"filed" the following day. The sheet indicates
defendant does not currently owe any money. Each individual
assessment is identified by name, but there is no citation to
statutory authorization. The sheet lists the total
assessments as $1046.50. The relevant assessments and
corresponding titles include (1) $15 "State Police
Operation Assistance Fund, " (2) $10 "State Police
Services Fund, " (3) $32.50 "Surcharge-Lump Sum,
" (4) $100 "Violent Crime Victims Assistance Fund,
" (5) $50 "Court Usage, " (6) $30
"Criminal Child Advocacy Center, " (7) $10
"Criminal Probation Operation Fees, " (8) $4.75
"Drug Court Fund" and $0.25 "Circuit Clerk
Oper/Adm Fund, " (9) $10 "Drug Court Operation,
" (10) $10 "Medical Costs Fund, " and (11) $10
"State's Attorney Juvenile Expenses" fee.
7 On appeal, defendant does not argue that the trial court
erred in summarily dismissing his postconviction petition.
Instead, he argues for the first time that this court should
vacate the fines improperly assessed against him by the
circuit clerk. The State makes no argument regarding the
classification of the specific assessments defendant now
8 "Because the imposition of a fine is a judicial act,
and the circuit clerk has no authority to levy fines, any
fines imposed by the circuit clerk are void from their
inception." People v. Larue, 2014 IL App (4th)
120595, ¶ 56. Upon review, we find that the following
fines were imposed by the circuit clerk and are therefore
(1) $15 "State Police Operation Assistance Fund"
(People v. Millsap, 2012 IL App (4th) 110668, ¶
(2) $10 "State Police Services Fund" (People v.
Bell, 2012 IL App (5th) 100276, ¶ 42 (finding an
identical methamphetamine ...