People v. Williams

920 N.E.2d 1060, 235 Ill. 2d 286
Illinois Supreme Court·Decided November 19, 2009·No. 107140·Published·Cited by 37 cases

Opinion

920 N.E.2d 1060 (2009)
235 Ill.2d 286

The PEOPLE of the State of Illinois, Appellee,
v.
Joel WILLIAMS, Appellant.

No. 107140.

Supreme Court of Illinois.

November 19, 2009.

*1061 Michael J. Pelletier, State Appellate Defender, Gary R. Peterson, Deputy Defender, and Ryan R. Wilson, Assistant Appellate Defender, of the Office of the State Appellate Defender, of Springfield, for appellant.

Lisa Madigan, Attorney General, Springfield, and William A. Yoder, State's Attorney, of Bloomington (Michael A. Scodro, Solicitor General, and Michael M. Glick and Charles Redfern, Assistant Attorneys General, of Chicago, of counsel), for the People.

OPINION

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

At issue is whether a State's Attorney may recover a statutory $50 appeal fee (55 *1062 ILCS 5/4-2002(a) (West 2008)) when the defendant is partially successful on appeal.

BACKGROUND

Following a jury trial in the circuit court of McLean County, defendant, Joel Williams, was convicted of aggravated battery (720 ILCS 5/12-4(b)(1) (West 2006)) and domestic battery (720 ILCS 5/12-3.2(a)(2) (West 2006)). The trial court sentenced defendant to concurrent terms of five years' imprisonment plus two years' mandatory supervised release (MSR) for aggravated battery and three years' imprisonment plus one year of MSR for domestic battery.

Defendant appealed, raising four issues. One of defendant's arguments was that the trial court erred in sentencing him to two years' MSR on his aggravated battery conviction. In its response brief, the State confessed error on this point, conceding that, because defendant's aggravated battery conviction was for a Class 3 felony, the MSR term should have been one year (see 730 ILCS 5/5-8-1(d)(3) (West 2008)). As part of its prayer for relief, the State asked that costs be assessed pursuant to section 4-2002(a) of the Counties Code (55 ILCS 5/4-2002(a) (West 2008)).

In his reply brief, defendant noted the State's confession of error on the MSR issue and argued that, if the appellate court accepted the State's confession of error, then it should deny the State's request for costs. Defendant argued that the relevant statute provided that costs for the appeal could not be collected from the defendant "where judgment is in favor of the accused" (55 ILCS 5/4-2002(a) (West 2008)). Defendant relied on a series of cases from the Appellate Court, Second District, holding that the State was not permitted to recover costs from the defendant when the defendant had been partially successful on appeal. See People v. Brownell, 123 Ill.App.3d 307, 78 Ill.Dec. 817, 462 N.E.2d 936 (1984)[1]; People v. Merrero, 121 Ill.App.3d 716, 77 Ill.Dec. 62, 459 N.E.2d 1158 (1984); People v. Smith, 113 Ill.App.3d 917, 68 Ill.Dec. 705, 446 N.E.2d 876 (1983).

The Appellate Court, Fourth District, affirmed as modified and remanded. 384 Ill.App.3d 327, 322 Ill.Dec. 983, 892 N.E.2d 620. The appellate court agreed with the parties that defendant's MSR term for aggravated battery should be one year rather than two years. The court, however, rejected all of defendant's other arguments and otherwise affirmed his convictions and sentences. The court also awarded the State costs pursuant to section 4-2002(a), and rejected defendant's contention that costs could not be awarded if he obtained any relief on appeal. Citing People v. Nicholls, 71 Ill.2d 166, 15 Ill.Dec. 759, 374 N.E.2d 194 (1978), and People v. Smith, 133 Ill.App.3d 613, 88 Ill.Dec. 715, 479 N.E.2d 328 (1985), the court held that the State is entitled to costs if it successfully defends any part of a criminal judgment challenged on appeal. 384 Ill.App.3d at 341-42, 322 Ill.Dec. 983, 892 N.E.2d 620.

We allowed defendant's petition for leave to appeal to resolve a conflict in the appellate court over whether the State may recover costs on appeal when a defendant is partially successful. 210 Ill.2d R. 315.

ANALYSIS

The principal issue is one of statutory construction. Thus, our primary goal is to ascertain and give effect to the drafters' intention, and the most reliable indicator of intent is the language used, *1063 which must be given its plain and ordinary meaning. People v. Davison, 233 Ill.2d 30, 40, 329 Ill.Dec. 347, 906 N.E.2d 545 (2009). In determining the plain meaning of a statute's terms, we consider the statute in its entirety, keeping in mind the subject it addresses and the apparent intent of the legislature in enacting the statute. People v. Perry, 224 Ill.2d 312, 323, 309 Ill.Dec. 330, 864 N.E.2d 196 (2007). The construction of a statute is a question of law that is reviewed de novo. Davison, 233 Ill.2d at 40, 329 Ill.Dec. 347, 906 N.E.2d 545.

The governing provision is section 4-2002(a) of the Counties Code (55 ILCS 5/4-2002(a) (West 2008)), which sets forth a schedule of fees for State's Attorneys in counties of fewer than 3 million persons. Section 4-2002(a) provides, in relevant part, as follows:

"For each case of appeal taken from his county or from the county to which a change of venue is taken to his county to the Supreme or Appellate Court when prosecuted or defended by him, $50.
* * *
All the foregoing fees shall be taxed as costs to be collected from the defendant, if possible, upon conviction. But in cases of inquiry into the mental illness of any person alleged to be mentally ill, in cases on a charge of paternity and in cases of appeal in the Supreme or Appellate Court, where judgment is in favor of the accused, the fees allowed the State's attorney therein shall be retained out of the fines and forfeitures collected by them in other cases." (Emphasis added.) 55 ILCS 5/4-2002(a) (West 2008).

Defendant first contends that, because he obtained partial relief on appeal, the State must seek its fee from other sources. According to defendant, "where judgment is in favor of the accused" means any situation in which part of the appellate court's judgment is for the defendant. Decisions from the Second District of our appellate court, as well as from the fifth division of the First District, have refused to award the State fees when the defendant is successful on any part of an appeal. See People v. Bonds, 391 Ill.App.3d 182, 202, 330 Ill.Dec.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Williams, 920 N.E.2d 1060, 235 Ill. 2d 286 (Ill. 2009).

920 N.E.2d 1060 (People v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Clark
2024 IL 127838 (Illinois Supreme Court, 2024)
People v. Urzua
2023 IL 127789 (Illinois Supreme Court, 2023)
People v. Guerrero
2021 IL App (2d) 190364 (Appellate Court of Illinois, 2021)
People v. Johnson
2019 IL 123318 (Illinois Supreme Court, 2019)
People v. Knapp
2019 IL App (2d) 160162 (Appellate Court of Illinois, 2019)
People v. Colon
2018 IL App (1st) 160120 (Appellate Court of Illinois, 2019)
People v. Peterson
2017 IL 120331 (Illinois Supreme Court, 2018)
People v. Espinoza
2015 IL 118218 (Illinois Supreme Court, 2016)
People v. Villa
2011 IL 110777 (Illinois Supreme Court, 2011)
In Re Jonathon CB
958 N.E.2d 227 (Illinois Supreme Court, 2011)
In Re Marriage of O'Brien
958 N.E.2d 647 (Illinois Supreme Court, 2011)
People v. Phillips
950 N.E.2d 1126 (Illinois Supreme Court, 2011)
People v. Williams
Appellate Court of Illinois, 2011
People v. Denson
946 N.E.2d 933 (Appellate Court of Illinois, 2011)
People v. Ligon
940 N.E.2d 1067 (Illinois Supreme Court, 2010)
People v. Clark
935 N.E.2d 1147 (Appellate Court of Illinois, 2010)
People v. Roberson
927 N.E.2d 1277 (Appellate Court of Illinois, 2010)
People v. Long
924 N.E.2d 511 (Appellate Court of Illinois, 2010)
People v. Smith
923 N.E.2d 259 (Illinois Supreme Court, 2010)