Docket No. 106306.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. TERRY
L. LEWIS, Appellant.
Opinion filed July 15, 2009.
JUSTICE KILBRIDE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman,
Karmeier, and Burke concurred in the judgment and opinion.
Defendant Terry L. Lewis was convicted of unlawful possession
of a controlled substance (720 ILCS 570/402(c) (West 2004)). The
circuit court of Adams County sentenced him to a term of probation
with conditions including payment of a $100 street-value fine. On
appeal, defendant challenged the street-value fine. The appellate court
held defendant forfeited his challenge and imposition of the street-value
fine was not reviewable as plain error. The appellate court,
therefore, affirmed the trial court’s judgment. 379 Ill. App. 3d 336.
We allowed defendant’s petition for leave to appeal (210 Ill. 2d R.
315(a)), and now hold that imposition of the street-value fine without
a sufficient evidentiary basis is reviewable as plain error. Accordingly,