People v. Jake

State: Illinois

Court: 4th District Appellate

Docket No: 4-09-0779 Official Reports

Case Date: 08/15/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Jake, 2011 IL App (4th) 090779

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MAURICE D. JAKE, Defendant-Appellant.

District & No.

Fourth District Docket No. 4-09-0779 August 15, 2011 On appeal from defendant's conviction for aggravated domestic battery and aggravated battery, his statutorily permissible 25-year sentence was not an abuse of discretion, his argument on appeal that the trial court exceeded its statutory authority in imposing a late fee and a collection fee was dismissed due to the appellate court's lack of jurisdiction where the fees were assessed four months after defendants' notice of appeal was filed, but defendant was entitled to apply his credit for his presentence incarceration to the $5 drug-court fee, which did constitute a fine, and the $25 Violent Crime Victims Assistance Act assessment was reduced to $4 where defendant's remaining fine was less than $40. Appeal from the Circuit Court of Champaign County, No. 09-CF-356; the Hon. Thomas J. Difanis, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Appeal dismissed in part; judgment affirmed in part as modified; cause remanded with directions.

Counsel on Appeal

Michael J. Pelletier, Karen Munoz, and Amber Gray, all of State Appellate Defender's Office, of Springfield, for appellee. Julia Rietz, State's Attorney, of Urbana (Patrick Delfino, Robert J. Biderman, and James C. Majors, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE POPE delivered the judgment of the court, with opinion. Presiding Justice Knecht and Justice Appleton concurred in the judgment and opinion.

OPINION

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