People v. Bates

State: Illinois

Court: 4th District Appellate

Docket No: 4-05-0851 Rel

Case Date: 06/16/2006

Preview:NO. 4-05-0851 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

Filed 6/16/06

) Appeal from ) Circuit Court of ) Macon County ) No. 03CF889 ) ) Honorable ) Albert G. Webber, ) Judge Presiding. _________________________________________________________________ JUSTICE STEIGMANN delivered the opinion of the court: In November 2003, a jury convicted defendant, Stacey D. Bates, of attempt (bribery) (720 ILCS 5/8-4(a), 33-1(a) (West 2002)). In January 2004, the trial court sentenced defendant in

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STACEY D. BATES, Defendant-Appellant.

absentia to two years in prison and assessed court-appointed counsel fees totaling $520. Defendant appeals, arguing only that the reimbursement order must be vacated because the trial court failed to conduct a hearing on his ability to pay. We disagree and affirm.

I. BACKGROUND In August 2003, the State charged defendant with attempt (bribery) and two counts of aggravated assault (720 ILCS 5/12-2(a)(1) (West 2002)), and defendant posted a $1,000 cash bond. The bond form defendant signed indicated that, as a

condition of the bond, he would appear in court as directed and his bond might be forfeited for a violation of any of the bond conditions.

In November 2003, the trial court severed the attempt (bribery) charge from the remaining charges. the jury convicted defendant. Following a trial,

The court initially set sentencing

for December 2003, but at defendant's request, the court continued sentencing to January 2004. At the January 2004 sentencing hearing, defense counsel filed a motion to continue, which alleged as follows: (1)

defendant called defense counsel at 10:34 p.m. the previous evening and left a message stating that his car had broken down near East St. Louis, Illinois, and (2) that morning, defense counsel spoke with defendant's fianc

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