January 31, 2008
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
v. ) No. 05 MC1 439010
ALFRED IRVINE, ) Honorable
) Kay Marie Hanlon,
Defendant-Appellant. ) Judge Presiding.
PRESIDING JUSTICE NEVILLE delivered the modified opinion of the court:
Defendant, Alfred Irvine, was found guilty of domestic battery and sentenced to 12 months
of conditional discharge, to mandatory domestic violence classes and to fees and fines of $379. In
this appeal, the defendant presents the following issues for review: (1) whether the State proved the
defendant guilty of domestic battery beyond a reasonable doubt; (2) whether section 12-3.2 of the
Criminal Code of 1961 (Criminal Code) is unconstitutionally vague (720 ILCS 5/12-3.2 (West
2004)); (3) whether the defendant received ineffective assistance of counsel; (4) whether the trial
court erred in its recollection of the evidence when it weighed the credibility of witnesses and found
the defendant guilty; (5) whether the defendant is entitled to a credit of $5 per day toward the fines
assessed against him for time he spent in custody prior to sentencing; and (6) whether a $30 fee for
minor traffic ordinance violations must be vacated.
We hold: (1) that the evidence was sufficient to find the defendant guilty beyond a reasonable