from Circuit Court of Morgan County No. 14CF100 Honorable
Jeffrey E. Tobin, Judge Presiding.
PRESIDING JUSTICE delivered the judgment of the court, with
opinion. Justices Steigmann and Appleton concurred in the
judgment and opinion.
1 In August 2014, the State charged defendant, Zachary Scott,
by information with one count of failure to register as a sex
offender (730 ILCS 150/3(a), 10(a) (West 2014)). After a
February 2015 trial, a jury found defendant guilty of the
charge. Defendant filed a posttrial motion and an amended
posttrial motion. At the March 2015 sentencing hearing, the
Morgan County circuit court sentenced defendant to eight
years' imprisonment. In June 2015, the court denied
defendant's amended posttrial motion.
2 Defendant appeals, contending (1) the State failed to prove
him guilty beyond a reasonable doubt, (2) plain error
occurred because the jury instructions failed to state all of
the elements of the charge and the circuit court failed to
respond to the jury's legal question, (3) he received
ineffective assistance of trial counsel, (4) the circuit
clerk improperly imposed fines, and (5) he did not receive a
per diem credit. We affirm in part as modified and
vacate in part.
3 I. BACKGROUND
4 The State's August 25, 2014, information asserted
defendant committed unlawful failure to register as a sex
offender in that he, a sex offender, knowingly failed to
register, in accordance with the provisions of the Sex
Offender Registration Act (Act) (730 ILCS 150/1 et
seq. (West 2014)), with the chief of police of
Jacksonville, Illinois, on Monday, August 18, 2014, as
required. The information also noted defendant had a prior
conviction for violating the Act (People v. Scott, No.
12-CF-100 (Cir. Ct. Morgan Co.)). Thus, defendant was alleged
to have committed a Class 2 felony. See 730 ILCS 150/10(a)
(West 2014) (providing "[a]ny person who is convicted
for a violation of this Act for a second or subsequent time
is guilty of a Class 2 felony").
5 In February 2015, the circuit court held defendant's
jury trial. The State presented the testimony of Michele
Quinlan, an investigative aid for the Jacksonville police
department, and Kyle Chumley, a Jacksonville detective. In
addition to their testimony, the State presented
defendant's August 11, 2014, registration form
(State's exhibit No. 1). Defendant's only evidence
consisted of 25 of his sex offender registration forms dated
from January 9, 2012, to August 11, 2014. Both parties
stipulated defendant was a sex offender.
6 Quinlan testified that, on August 11, 2014, she assisted
defendant in completing his registration form. When defendant
signed the form, it listed his next registration date as
August 18, 2014. Quinlan was working on August 18, 2014, and
defendant did not report for registration. Defendant did
appear for registration on August 21, 2014, and Quinlan
notified Detective Chumley of his appearance.
7 Detective Chumley interviewed defendant on August 21, 2014.
Defendant was cooperative and answered his questions.
Defendant told the detective he thought he had a grace
period. Detective Chumley arrested defendant after the
8 The August 11, 2014, registration form listed
defendant's resident address as "Homeless, "
and as to the type of registration, the box was checked for
"Homeless Weekly." Defendant did provide a mailing
address but stated "not living there." The form
also stated the following: "I have read and/or had read
to me, the above requirements. It has been explained to me
and I understand my duty to register on or before
8/18/14." Defendant signed the form.
9 One of the jury instructions given by the circuit court was
the State's instruction No. 12, which was based on
Illinois Pattern Jury Instructions, Criminal, No. 9.43F (4th
ed. Supp. 2011). That instruction read as follows: "A
person commits the offense of failure to register as a sex
offender when he knowingly fails to register." The court
also gave the State's instruction No. 13, which was based
on Illinois Pattern Jury Instructions, Criminal, No. 9.43H
(4th ed. Supp. 2011), which stated, in pertinent part, the
"To sustain the charge of unlawful failure to register
as a sex offender, the State must prove the ...