Court of Appeals of Illinois, First District, First Division
from the Circuit Court of Cook County. No. 14 CR 17062
Honorable Vincent M. Gaughan, Judge Presiding.
JUSTICE MIKVA delivered the judgment of the court, with
opinion. Presiding Justice Pierce and Justice Harris
concurred in the judgment and opinion.
1 Defendant David Mullen was convicted of robbery. Mr. Mullen
does not challenge his conviction. The issues in his appeal
concern only the fines and fees imposed in his case. Mr.
Mullen argues that the trial court erred in assessing a $500
public defender attorney fee against him because he was not
provided with the statutorily mandated hearing. Mr. Mullen
also contends that the trial court erred by not giving him a
presentence incarceration credit and by failing to properly
calculate which monetary assessments were eligible for offset
by such a credit. For the following reasons, we remand for a
statutorily compliant hearing on whether Mr. Mullen should be
required to reimburse the State for any part of the cost of
his representation by the public defender's office. We
also direct that Mr. Mullen's fines and fees order be
modified to accurately reflect the presentence incarceration
credit to which he is entitled.
2 I. BACKGROUND
3 Mr. Mullen was charged with armed robbery and unlawful
restraint. He was appointed a public defender. Prior to
trial, the State filed a motion for reimbursement of funds
for Mr. Mullen's use of the services of the public
4 At Mr. Mullen's bench trial, the State presented
witnesses who testified that, on September 13, 2014, Mr.
Mullen followed Nyiesha Maclin into the vestibule of her
apartment building. Once inside, Mr. Mullen grabbed Ms.
Maclin by the neck and threw her against a wall. Mr. Mullen
took Ms. Maclin's purse, keys, cell phone, and a ring.
Ms. Maclin's cell phone had a remote tracking
application, which Chicago police officers used to track her
phone to a liquor store. At the store, the officers had Ms.
Maclin remotely trigger her cell phone's alarm, allowing
them to locate and arrest Mr. Mullen. The trial court found
Mr. Mullen guilty of robbery and unlawful restraint. The
court merged Mr. Mullen's unlawful restraint conviction
into his robbery conviction, and the case proceeded to
5 Because of his criminal background, the trial court
sentenced Mr. Mullen as a Class X offender to seven
years' imprisonment. At the end of the sentencing
hearing, Mr. Mullen's public defender had the following
exchange with the court regarding the State's motion for
reimbursement of the cost of the public defender's
COURT: How many times have you appeared on this?
DEFENSE COUNSEL: Seven, your Honor.
THE COURT: You went to trial on this?
DEFENSE COUNSEL: Yes, your Honor.
THE COURT: Attorney fees are $500."
6 In addition to the public defender fee, the other fines and
fees assessed against Mr. Mullen appear on a form titled
"ORDER ASSESSING FINES, FEES AND COSTS." It is a
preprinted order provided by the clerk of the circuit court
of Cook County. This order, which will be referred to as the
fines and fees order, lists certain assessments as
"FINES OFFSET by the $5 per day pre-sentence
incarceration credit pursuant to 725 ILCS 5/110-14(a)."
In Mr. Mullen's case, the fines imposed in this category
included the following: a $10 mental health court fine (55
ILCS 5/5-1101(d-5) (West 2014)), a $5 youth diversion/peer
court fine (id. § 5-1101(e)), a $5 drug court
fine (id. § 5-1101(f)), and a $30
children's advocacy center fine (id. §
7 The fines and fees order also lists "FINES
NOT OFFSET by the $5 per-day pre-sentence
incarceration credit" (emphasis in original), which Mr.
Mullen had none of, and "FEES AND COSTS NOT
OFFSET by the $5 per-day pre-sentence incarceration
credit" (emphasis in original), including the following:
a $190 felony complaint filing fee (705 ILCS
105/27.2a(w)(1)(A) (West 2014)), a $60 felony complaint
conviction fee (55 ILCS 5/4-2002.1(a) (West 2014)), a $20
probable cause hearing fee (id.), a $15 automation
fee (705 ILCS 105/27.3a(1.5) (West 2014)), a $15 state police
operations fee (id.), a $2 public defender records
automation fee (55 ILCS 5/3-4012 (West 2014)), a $2
state's attorney records automation fee (id. §
4-2002.1(c)), a $15 document storage fee (705 ILCS 105/27.3c
(West 2014)), a $5 electronic citation fee (id.
§ 27.3e), a $25 court services fee (55 ILCS 5/5-1103
(West 2014)), a $50 court system fee (id. §
5-1101(c)), a $10 arrestee's medical costs fund fee (730
ILCS 125/17 (West 2014)), and a $10 probation and court
services operations fee (705 ILCS 105/27.3a(1.1) (West
8 Mr. Mullen's fines and fees order reflects that he
spent 263 days in pretrial custody and simply states
"(Allowable credit toward fine will be calculated),
" without specifying what monetary credit Mr. Mullen
should receive for his presentence incarceration.
9 II. JURISDICTION
10 Mr. Mullen was sentenced on June 2, 2015, and timely filed
his notice of appeal on June 5, 2015. This court has
jurisdiction pursuant to article VI, section 6, of the
Illinois Constitution (Ill. Const. 1970, art. VI, § 6)
and Illinois Supreme Court Rules 603 and 606, governing
appeals from final judgments of conviction in criminal cases
(Ill. S.Ct. Rs. 603, 606 (eff. Feb. 6, 2013)).
11 III. ANALYSIS
12 On appeal, Mr. Mullen argues that the $500 public defender
attorney fee assessed against him should be vacated because
the trial court imposed it without first conducting a proper
hearing under section 113-3.1 of the Code of Criminal
Procedure of 1963 (Code) (725 ILCS 5/113-3.1(a) (West 2014)).
The State agrees but argues that we should remand for a
statutorily compliant hearing rather than vacate the fee
outright. Mr. Mullen also asks that we amend his fines and
fees order, both because the trial court failed to give him
$5 per day of credit for the 263 days he spent in presentence
incarceration, and because the court improperly categorized
certain assessments as fees rather than fines, making them
not subject to that credit. The State agrees ...