from the Circuit Court of Macoupin County No. 11CF65
Honorable Joshua Aaron Meyer, Judge Presiding.
JUSTICE STEIGMANN delivered the judgment of the court, with
opinion. Justices Knecht and Appleton concurred in the
judgment and opinion.
1 In April 2011, the State charged defendant, Cody R.
McGuire, with attempt (first degree murder) (720 ILCS
5/8-4(a), 9-1(a)(1) (West 2010)), aggravated battery with a
firearm (720 ILCS 5/12-4.2(a)(1) (West 2010)), aggravated
battery (720 ILCS 5/12-4(a) (West 2010)), and first degree
murder (720 ILCS 5/9-1(a)(1) (West 2010)). Jury selection for
defendant's trial began in March 2015. During voir
dire, the trial court asked whether the prospective
jurors "disagreed" with the Zehr
principles as codified in Illinois Supreme Court Rule 431(b)
(eff. July 1, 2012). The court asked the State and defense
counsel whether they believed that the prospective jurors had
"been properly admonished as far as Zehr
principles." See People v. Zehr, 103 Ill.2d
472, 476, 469 N.E.2d 1062, 1063-64 (1984). The State and
defense counsel responded in the affirmative.
2 In March 2015, the jury found defendant guilty of second
degree murder and aggravated battery with a firearm and not
guilty of aggravated battery.
3 In May 2015, the trial court vacated defendant's
conviction for second degree murder as a lesser-included
offense of aggravated battery with a firearm and sentenced
him to 17 years in prison for aggravated battery with a
firearm. The court did not impose any specific fines when
sentencing defendant. Nonetheless, the circuit clerk assessed
against defendant a $20 violent-crime fee, a $50
anti-crime-fund fine, a $10 medical-costs fine, a $15
state-police-operations fee, and a $5 court-assessment fee.
4 Defendant appeals, arguing that (1) the trial court failed
to properly question the jurors on the relevant Zehr
principles, (2) his sentence was excessive, and (3) the fines
imposed by the circuit clerk were improper. We conclude that
(1) defendant affirmatively waived the improper questioning
of the prospective jurors on the relevant Zehr
principles, (2) the trial court did not abuse its discretion
when sentencing defendant, and (3) the fines imposed by the
circuit clerk must be vacated. Accordingly, we affirm in part
and vacate in part. ¶ 5 I. BACKGROUND
6 A. The State's Charges
7 In April 2011, the State charged defendant with attempt
(first degree murder), aggravated battery with a firearm,
aggravated battery, and first degree murder. Defendant
originally pleaded guilty to first degree murder and
aggravated battery. However, defendant appealed and was
allowed to withdraw his guilty plea because his sentence for
first degree murder was void. People v. McGuire,
2014 IL App (4th) 130083-U, ¶ 24. With his guilty plea
withdrawn, defendant proceeded to a jury trial. ¶ 8 B.
9 Jury selection for defendant's trial began in March
2015. During voir dire, the trial court addressed
prospective jurors as follows:
"THE COURT: The last group of questions that I'm
going to ask are some principles that I have to read you by
law, and I need for you all to listen closely because these
The [d]efendant is presumed innocent until the jury
determines after deliberation that the [d]efendant is guilty
beyond a reasonable doubt.
Does anyone disagree with this, and if you do[, ] please
raise your hand? [The record] will show all fifteen
[prospective jurors] were given an opportunity and none of
them raised their hand.
The State has the burden of proving the [d]efendant guilty
beyond a reasonable doubt. Does anyone disagree with this
rule of law? If you do, please raise your hand?
[The record] will show all fifteen have not raised their
The [d]efendant does not have to present any testimony at all
and may rely on the presumption of innocence.
Does anyone disagree with this rule of law, and if you do,
please raise your hand.
[The record] will show all fifteen were given an opportunity,
and they did not ...