People v. Jake

2011 IL App (4th) 090779, 960 N.E.2d 45, 355 Ill. Dec. 602
CourtAppellate Court of Illinois
DecidedAugust 15, 2011
Docket4-09-0779
StatusPublished
Cited by15 cases

This text of 2011 IL App (4th) 090779 (People v. Jake) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Jake, 2011 IL App (4th) 090779, 960 N.E.2d 45, 355 Ill. Dec. 602 (Ill. Ct. App. 2011).

Opinion

960 N.E.2d 45 (2011)
355 Ill. Dec. 602

The PEOPLE of the State of Illinois, Plaintiff-Appellee,
v.
Maurice D. JAKE, Defendant-Appellant.

No. 4-09-0779.

Appellate Court of Illinois, Fourth District.

August 15, 2011.

*47 Michael J. Pelletier, State Appellate Def., Karen Munoz, Asst. Dep. Dfr., Amber Gray, Asst. Appellate Defender, Office of State Appellate Defender, for Maurice Jake.

Julia Rietz, Champaign County State's Attorney, Patrick Delfino, Director, Robert J. Biderman, Dep. Director, James C. Majors, Staff Atty., State's Attorneys Appellate Prosecutor, for People.

OPINION

Justice POPE delivered the judgment of the court, with opinion.

¶ 1 In July 2009, a jury convicted defendant, Maurice D. Jake, of aggravated domestic battery (720 ILCS 5/12-3.3(a) (West 2008)) and aggravated battery (720 ILCS 5/12-4(b)(8) (West 2008)). In August 2009, the trial court sentenced defendant as a Class X offender pursuant to section 5-5-3(c)(8) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-5-3(c)(8) (West 2008)) to 25 years' imprisonment for aggravated domestic battery with 168 days' sentence credit.

¶ 2 Defendant appeals, arguing (1) the trial court abused its discretion in sentencing defendant to 25 years' imprisonment, (2) the circuit clerk is without authority to assess a $38.25 late fee and an $87.98 collection fee, (3) the trial court erred in failing to apply defendant's presentence credit toward his $5 drug-court fee, and (4) the $25 Violent Crime Victims Assistance Fund (VCVA) assessment should be reduced to $4. We dismiss in part, affirm in part as modified, and remand with directions.

¶ 3 I. BACKGROUND

¶ 4 In February 2009, the State charged defendant by information with aggravated domestic battery (720 ILCS 5/12-3.3(a) (West 2008)) and aggravated battery (720 ILCS 5/12-4 (b)(8) (West 2008)). At defendant's July 2009 jury trial, the State presented the following evidence. Chasity Barefield testified in February 2009, she lived in Paris, Illinois, with her boyfriend, defendant. On February 23, 2009, defendant drove Barefield to her place of employment, a Wal-Mart in Champaign, Illinois. Barefield testified she finished her shift at 10 p.m. and hurried outside to the parking lot, where defendant was waiting. Defendant had driven to Wal-Mart in Barefield's vehicle and was waiting in the passenger seat of the vehicle. Barefield entered the driver's seat of the vehicle. Barefield testified that upon entering the vehicle, she and defendant began to discuss a number that appeared on her cell phone bill. Barefield told defendant she had not been unfaithful. Defendant then struck Barefield's arm. Barefield pulled out of the Wal-Mart parking lot and began to drive to the residence she shared with defendant in Paris. Barefield testified defendant repeatedly struck her during the *48 drive home. If Barefield slowed down, defendant hit her "harder." The entire trip took 70 minutes. Barefield estimated defendant "beat" her for 45 minutes of the trip. Defendant had beaten her on prior occasions.

¶ 5 On February 26, 2009, Barefield went to a hospital in Champaign, Illinois, and spoke with a Champaign police officer. She testified the officer took photographs of the injuries he observed. The State introduced into evidence the photographs the officer took of Barefield's injuries. The photographs showed bruises on various parts of her body, including her eye, right arm, chest, legs, and hands.

¶ 6 Barefield experiences numbness in her little finger and the finger next to it as a result of the beating. Barefield did not report her injuries until February 26, 2009, because she was developing a plan and needed "help from work."

¶ 7 Barefield testified defendant was identified in her cellular phone as "Reese." The State entered a photograph into evidence of a text message sent from "Rees" to Barefield at 7:16 p.m., on February 23, 2009. The message from "Rees" stated "Im beatin u." At 7:17 p.m., a message reading, "every fuckin 10 minut[ ]es like I told u," was also sent from "Rees." The State entered into evidence a photograph of this text message as well. Barefield testified she was afraid of defendant and he had threatened to kill or hurt her if she ever left him.

¶ 8 Barefield testified based on previous experiences, she knew if she had fought back during the drive home on February 23, 2009, defendant would have punched her "harder." She felt if she had drawn attention to her vehicle during the drive home, the incident "would have been worse than what it was."

¶ 9 The jury found defendant guilty of aggravated domestic battery and aggravated battery. The trial court determined the offense of aggravated battery merged with the conviction for aggravated domestic battery. Thereafter, the court sentenced defendant as stated.

¶ 10 This appeal followed.

¶ 11 II. ANALYSIS

¶ 12 On appeal, defendant argues (1) the trial court abused its discretion in sentencing defendant to 25 years' imprisonment, (2) the circuit clerk is without authority to assess a $38.25 late fee and an $87.98 collection fee, (3) the court erred in failing to apply defendant's presentence credit toward his $5 drug-court fee, and (4) the $25 VCVA assessment should be reduced to $4.

¶ 13 A. Twenty-five-year Sentence

¶ 14 Defendant argues the trial court abused its discretion in imposing a 25-year sentence for his aggravated-domestic-battery conviction. Trial courts are given broad discretion in fashioning appropriate criminal sentences. People v. Stacey, 193 Ill.2d 203, 209, 250 Ill.Dec. 4, 737 N.E.2d 626, 629 (2000). Absent an abuse of the court's discretion, we will not alter the sentence on review. Stacey, 193 Ill.2d at 209-10, 250 Ill.Dec. 4, 737 N.E.2d at 629.

¶ 15 Based on defendant's prior criminal history, the trial court was required to sentence defendant on his Class 2 felony as a Class X offender. See 730 ILCS 5/5-5-3(c)(8) (West 2008). The 25-year sentence was appropriate considering defendant's scant rehabilitative potential. Defendant's criminal record dates back to 1994 when he was adjudicated delinquent for aggravated battery. Since then, defendant has been convicted of unlawful possession of a controlled substance with *49 intent to deliver, unlawful possession of cannabis with intent to deliver, unlawful delivery of a controlled substance, and numerous traffic violations. In the presentence investigation (PSI) report, defendant characterized his actions as "nothing other than a case of domestic battery, which was somehow, some way tripled into serious felonies."

¶ 16 The trial court stated it considered the PSI report, statutory factors in aggravation and mitigation, comments of counsel, and defendant's written comments. The court found several applicable mitigating factors, including defendant's age (31), his employment history, and his prior child-support payments. The court found statutory factors in aggravation included defendant's prior juvenile and adult criminal history and the need for deterrence. The court noted this was a deterrable offense.

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Bluebook (online)
2011 IL App (4th) 090779, 960 N.E.2d 45, 355 Ill. Dec. 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jake-illappct-2011.