People v. Ellison

              FOURTH DIVISION
June 5, 2008
No. 1-07-0443
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 06 CR 16687
)
BENNIE K. ELLISON, ) Honorable
) David P. Sterba,
Defendant-Appellant. ) Judge Presiding.
JUSTICE O'BRIEN delivered the opinion of the court:
Defendant Bennie K. Ellison entered a negotiated guilty plea to possession of a controlled
substance and driving while his driver's license, permit or privilege to operate a motor vehicle
was suspended or revoked. The court sentenced defendant to two years' imprisonment and
imposed $1,240 in fines and fees. On appeal, defendant solely asserts we must vacate and offset
certain fines and fees.
The parties stipulated that the State's evidence at trial would demonstrate that at 3 a.m. on
June 9, 2006, defendant was driving at 102nd South Ridgeland Avenue in Chicago Ridge when
an officer stopped him for a traffic violation. The officer learned that defendant's license was
suspended and a custodial search of defendant revealed 0.6 gram of heroin. Defendant was
previously convicted of driving while his driver's license, permit or privilege to operate a motor
vehicle was suspended or revoked on July 31, 1997.
The court sentenced defendant to two years' imprisonment and assessed $1,240 in fines
and fees including, a $20 preliminary hearing fee (55 ILCS 5/4-2002.1(a) (West 2006)), a $500
controlled substance assessment (720 ILCS 570/411.2(a)(4) (West 2006)), a $100 Trauma Center
Fund fine (730 ILCS 5/5-9-1.1(b) (West 2006)), and a $20 fine under the Violent Crime Victims
Assistance Act (the Act) (725 ILCS 240/10(c) (West 2006)). The mittimus also indicates that
defendant was entitled to 102 days of presentencing credit.
On appeal, defendant first asserts the court improperly assessed the $20 preliminary