People v. Jamison
Docket: 1-04-2219 Rel
Court: Appellate Court of Illinois; May 30, 2007; Illinois; State Appellate Court
Original Court Document: View Document
Leonard Jamison was convicted of burglary after a bench trial and sentenced to six years in prison. He appealed, raising three main arguments: 1) a $20 fine was unlawfully imposed; 2) he was denied a $5-per-day presentence credit toward a $4 penalty; and 3) mandatory DNA extraction violated his Fourth Amendment rights. The appellate court upheld his conviction and adjusted the sentencing order to include the presentence credit. Following a supreme court ruling in People v. Jones, the appellate court reviewed Jamison's case again but ultimately affirmed the circuit court's judgment. The evidence showed Jamison was seen closing the door of a vehicle from which DVDs were later reported stolen; these DVDs were found in his possession after a police stop. Jamison did not object to the fines or credits during sentencing, and his constitutional challenge regarding DNA extraction failed, as it was previously upheld by the supreme court. Despite not raising the credit issue in the circuit court, the appellate court addressed it, confirming that he was entitled to the $5-per-day credit against the $4 surcharge based on the supreme court's interpretation of the relevant statutes. Defendant's challenge to the imposition of a $20 fine for the Violent Crime Victims Assistance Fund is addressed, with the argument that the fine should not have been assessed since "no other fines" were imposed. The relevant statute, effective June 20, 2003, includes a $4 additional penalty that is to be assessed on top of any other fines. Although the legislature later eliminated this section in 2005, the court clarifies that the $4 surcharge is considered an additional fine that does not affect the $20 fine's distribution. Consequently, both fines were properly assessed by the circuit court. The $4 charge will be offset by defendant's presentence credit, and the sentencing order will be modified accordingly. The court affirms the conviction and sentence as modified.