People v. Scott

756 N.E.2d 466, 324 Ill. App. 3d 641, 258 Ill. Dec. 484, 2001 Ill. App. LEXIS 744

• Court: Appellate Court of Illinois
• Decided: September 21, 2001
• Docket: 4 — 00—0436, 4 — 00—0888 cons
• Status: Published

Opinions

PRESIDING JUSTICE STEIGMANN

delivered the opinion of the court:

In February 2000, a jury found defendant, David W Scott, guilty of delivery of a controlled substance (720 ILCS 570/401(d) (West 1998)). In April 2000, the trial court sentenced him to 7V2 years in prison and ordered him to pay various fines and costs totaling $1,200. After crediting defendant $5 per day for the 180 days he spent in presentencing incarceration, $300 remained unpaid. The court thus ordered the Department of Corrections (DOC) to withhold 50% of defendant’s DOC wages and remit those funds to the Adams County circuit clerk to be applied toward the amounts due in fines and costs.

Defendant appeals, arguing only that the trial court lacked the authority to order that his DOC wages be withheld and remitted to the circuit clerk. The State concedes that the court lacked the authority to enter such an order, and we accept the State’s concession.

In People v. Watson, 318 Ill. App. 3d 140, 142-43, 743 N.E.2d 147, 149 (2000), this court held that no authority exists for a trial court to direct that DOC withhold wages earned while a defendant is imprisoned. See also People v. Williamson, 319 Il. App. 3d 891, 900, 747 N.E.2d 26, 34 (2001) (reaffirming our decision in Watson). We adhere to Watson and Williamson.

Accordingly, we affirm defendant’s conviction and sentence, vacate that portion of the trial court’s sentencing order directing DOC to withhold 50% of defendant’s DOC wages, and remand with directions to modify the written judgment of sentence as stated.

Affirmed in part, vacated in part, and remanded with directions.

KNECHT, J., concurs.