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No. 3-05-0003

filed July 27, 2006
IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2006

THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of the 12th Judicial Circuit,
) Will County, Illinois,
Plaintiff-Appellee, )
)

v. ) No. 04-CF-220
)
LEROY MCAFEE, ) Honorable

) Richard Schoendstedt,
Defendant-Appellant. ) Judge, Presiding.

JUSTICE SLATER delivered the opinion of the court:
Defendant Leroy McAfee was convicted of unlawful possession of a controlled
substance and he was sentenced to a term of 30 months' probation.  Defendant was
required to submit a DNA sample (see 730 ILCS 5/5-4-3 (West 2004)), pay a $200
genetic marker analysis fee (see 730 ILCS 5/5-4-3(j) (West 2004)) and pay a $10 fee for
the collection of the DNA sample. On appeal, defendant contends that: (1) the
compulsory extraction of his blood and the storing of his DNA profile violated his right to
be free from unreasonable searches and seizures; (2) the trial court lacked the authority
to impose the $10 DNA collection fee; and (3) defendant is entitled to a $20 credit
against his fines for the four days he spent in custody.  We affirm in part, vacate in part
and remand with directions.
Facts Since resolution of the issues raised by defendant on appeal is not dependant on
the circumstances surrounding his conviction, we will provide only a brief description of the facts. Defendant was stopped by police after he was seen on property owned by the Joliet Housing Authority after he had been warned to stay away unless he had a pass. Defendant was arrested after police determined that he had an outstanding warrant, and a search disclosed three plastic baggies containing cocaine. Defendant's subsequent motion to suppress was denied and he was convicted after a stipulated bench trial.
Analysis
The first issue raised by the defendant, that the statute authorizing extraction and storage of DNA samples unconstitutionally infringes upon the right to be free from unreasonable searches and seizures, has recently been considered by our supreme court. In People v. Garvin, 219 Ill. 2d 104, 847 N.E.2d 82 (2006), the court held that section 5-4-3 of the Unified Code of Corrections (Code) (730 ILCS 5/5-4-3 (West 2002)) did not violate the fourth amendment. As defendant makes no arguments beyond those resolved in Garvin, we reject defendant's challenge to the constitutionality of section 5

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