People v. Mingo

936 N.E.2d 1156, 403 Ill. App. 3d 968, 344 Ill. Dec. 399, 2010 Ill. App. LEXIS 1043
Appellate Court of Illinois·Decided September 29, 2010·No. 2-08-1013 NRel·Unpublished·Cited by 28 cases

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

Defendant, Joel L. Mingo, appeals from the trial court’s denial of his petition for revocation of fines brought pursuant to section 5 — 9—2 of the Unified Code of Corrections (Code) (730 ILCS 5/5 — 9—2 (West 2008)). For the reasons that follow, we affirm as modified.

BACKGROUND

In 2004, defendant was convicted of robbery (720 ILCS 5/18 — 1(a) (West 2002)) and aggravated battery (720 ILCS 5/12 — 4(b)(1) (West 2002)). He was sentenced to 16 years’ imprisonment on the robbery conviction and 10 years’ imprisonment on the aggravated battery conviction, and he was ordered to pay an undelineated $243 in “[flines, [c]ourt [c]osts, [flees [and] [penalties.” In addition, the trial court ordered defendant to pay a $200 DNA assessment. Pursuant to section 110 — 14(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/110 — 14(a) (West 2004)), defendant was awarded a credit of $5 per day spent in presentencing custody, totaling $1,565.

On June 26, 2008, defendant filed his petition for revocation of fines. In the petition, defendant requested that all of his fines be vacated and that he be placed in a substance-abuse program. The trial court denied defendant’s petition. Shortly thereafter, defendant filed a motion to reconsider, which the trial court also denied. Defendant then brought this appeal raising only the issue that the DNA assessment should be deemed satisfied.

ANALYSIS

On appeal, defendant argues that the credit he was awarded should completely satisfy the $200 DNA assessment and that the judgment should be corrected to reflect such a satisfaction.

Before addressing the merits of defendant’s claim, however, we must first address the State’s contention that we lack jurisdiction over this appeal because the trial court lacked jurisdiction of defendant’s petition. According to the State, the trial court lacked jurisdiction of the petition because (1) it was filed more than 30 days after judgment and (2) it was filed while other appeals were pending. We disagree that the trial court lacked jurisdiction.

Relying on People v. Flowers, 208 Ill. 2d 291, 303 (2003), the State notes that the trial court loses jurisdiction in the original action after 30 days have passed from the entry of judgment. This does not, however, restrict the trial court’s ability to address freestanding, collateral actions, such as postconviction petitions (725 ILCS 5/122 — 1 (West 2008)) or petitions brought under section 2 — 1401 of the Code of Civil Procedure (735 ILCS 5/2 — 1401 (West 2008)).

To determine whether a petition brought under section 5 — 9—2 of the Code is one such freestanding, collateral action, we must interpret the language of section 5 — 9—2, which we do de novo. People v. Robinson, 172 Ill. 2d 452, 457 (1996). The primary goal in statutory construction is to ascertain and give effect to the intent of the legislature. People v. Pullen, 192 Ill. 2d 36, 42 (2000). In doing so, we must assume that the legislature did not intend an absurd or unjust result. Pullen, 192 Ill. 2d at 42. The first step is to examine the language of the statute — “the surest and most reliable indicator of legislative intent.” Pullen, 192 Ill. 2d at 42. Where the language is clear, the statute may not be revised to include exceptions, limitations, or conditions that the legislature did not express. People v. Goins, 119 Ill. 2d 259, 265 (1988).

The plain language of section 5 — 9—2 indicates that the legislature intended petitions for the revocation of fines to be freestanding actions, collateral to the original action. Section 5 — 9—2 provides: “Except as to fines established for violations of Chapter 15 of the Illinois Vehicle Code, the court, upon good cause shown, may revoke the fine or the unpaid portion or may modify the method of payment.” 730 ILCS 5/5 — 9—2 (West 2008). The plain language of section 5 — 9—2 does not impose any time limit on the filing of a petition to revoke fines. To impose a time limitation, such as within 30 days of the entry of judgment, would be to impose a limitation that the legislature did not express, something we are not permitted to do. Goins, 119 Ill. 2d at 265. Moreover, the legislature has demonstrated, on numerous occasions, its ability to set time limits for the filing of motions and petitions when it has so chosen. See, e.g., 725 ILCS 5/116 — 1(b) (West 2008) (motion for new trial must be filed within 30 days following the verdict); 725 ILCS 5/116 — 2(a) (West 2008) (motion in arrest of judgment must be filed within 30 days following the finding or verdict of guilty); 730 ILCS 5/5 — 8—1(c) (West 2008) (requiring a motion to reduce sentence to be filed within 30 days of the sentence’s imposition).

In addition, to require petitions under section 5 — 9—2 of the Code to be filed within 30 days of the judgment would be to render section 5 — 9—2 superfluous and meaningless. See People v. Jones, 214 Ill. 2d 187, 193 (2005) (“statute[s] should be read as a whole and construed so that no part *** is rendered meaningless or superfluous”); Artisan Design Build, Inc. v. Bilstrom, 397 Ill. App. 3d 317, 328 (2009) (an act must be read in its entirety). Section 5 — 8—1(c) of the Code (730 ILCS 5/5 — 8—1(c) (West 2008)) provides that a motion to reduce sentence must be filed within 30 days of the imposition of sentence (the judgment in a criminal case). If a defendant’s request to revoke fines were required to be filed within 30 days of the judgment, it could simply be included in a motion to reduce the sentence; no separate petition would be required. Thus, to read section 5 — 9—2 as requiring the filing of a petition for revocation of fines within 30 days of the judgment would be to make section 5 — 9—2 duplicative of section 5 — 8—1(c), thus rendering section 5 — 9—2 superfluous and meaningless.

Moreover, the good-cause requirement in section 5 — 9—2 suggests that the legislature intended section 5 — 9—2 to provide a defendant relief from fines when factors, external to the original proceedings, would warrant the revocation of the fines to ease a defendant’s financial burden. See 730 ILCS 5/5 — 9—2 (West 2008) (allowing for the revocation of fines “upon good cause shown”). Such factors certainly could, and likely would, arise after 30 days had passed from the imposition of the sentence. Thus, limiting the time frame in which a section 5 — 9—2 petition may be brought would negate the implied purpose of allowing defendants to seek financial relief at any appropriate time.

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People v. Mingo, 936 N.E.2d 1156, 403 Ill. App. 3d 968, 344 Ill. Dec. 399, 2010 Ill. App. LEXIS 1043 (Ill. Ct. App. 2010).

936 N.E.2d 1156 (People v. Mingo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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