People v. Griffin

State: Illinois

Court: 4th District Appellate

Docket No: 4-00-0237 Rel

Case Date: 04/26/2001

April 26, 2001

NO. 4-00-0237

IN THE APPELLATE COURT

OF ILLINOIS

FOURTH DISTRICT

THE PEOPLE OF THE STATE OF ILLINOIS,
                      Plaintiff-Appellee,
                      v.
RICKEY E. GRIFFIN,
                      Defendant-Appellant.

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Appeal from
Circuit Court of
McLean County
No. 98CF1061

Honorable
Donald D. Bernardi,
Judge Presiding.

PRESIDING JUSTICE STEIGMANN delivered the opinion ofthe court:

In July 1999, defendant, Rickey E. Griffin, pleadedguilty to driving while his license was revoked (DWR) (subsequentoffense felony) (625 ILCS 5/6-303(d) (West 1998)), and the trialcourt sentenced him to six years in prison. The court alsoordered him to pay a $200 reimbursement fee for the services ofthe public defender pursuant to section 113-3.1 of the Code ofCriminal Procedure of 1963 (Procedural Code) (725 ILCS 5/113-3.1(West 1998)).

In December 1999, defendant filed a document entitled"petition for relief from judgment," which the trial courttreated as a postconviction petition under the Post-ConvictionHearing Act (Act) (725 ILCS 5/122-1 through 122-8 (West 1998)). The court subsequently dismissed defendant's petition, findingthat it was frivolous and patently without merit. 725 ILCS5/122-2.1(2) (West 1998).

Defendant appeals, arguing only that the trial courterred by ordering him to pay the $200 reimbursement fee withoutfirst conducting a hearing to determine his ability to pay. Weaffirm.

I. BACKGROUND

In October 1998, defendant was indicted on the DWRcharge, and the trial court appointed the public defender torepresent him. The court also then entered an "initialreimbursement order for court-appointed counsel," requiringdefendant to pay an initial sum of $200 in $20 monthlyinstallments. Defendant posted a cash bond and secured hisrelease from custody. In February 1999, defendant made a $20payment pursuant to the reimbursement order.

In July 1999, defendant pleaded guilty to DWR and totwo other unrelated charges in exchange for the State'sdismissing three other unrelated charges. The trial courtsentenced defendant to six years in prison pursuant to the pleaagreement and deducted the remaining $180 defendant owed pursuantto the reimbursement order from defendant's cash bond.

In December 1999, defendant filed his postconvictionpetition, alleging that the DWR charge to which he pleadedguilty, a Class 4 felony, was unconstitutionally enhanced byPublic Act 88-680 (Pub. Act 88-680, art. 20,