People v. Naylor

              First Division
February 26, 2007
No. 1-04-3731
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
JOHN NAYLOR,
Defendant-Appellant.
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Appeal from
the Circuit Court
of Cook County
00 CR 8962
Honorable
John Kirby,
Judge Presiding
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Following an August 2004 bench trial, defendant, John Naylor, was found guilty of four
felony narcotics charges: possession of heroin with intent to deliver while on Chicago Housing
Authority (CHA) property, delivery of heroin on CHA property, possession of heroin with intent to
deliver and delivery of heroin. The trial court sentenced defendant to six years’ imprisonment and
imposed a total of $2,720 in fines, assessments, costs and fees.
Defendant appeals, arguing that: (1) the trial court improperly admitted his prior conviction
for aggravated battery because the conviction was entered 14 years prior to trial; (2) three of
defendant’s convictions should be vacated because they are lesser included offenses of delivery of
a controlled substance on CHA property; (3) defendant should be awarded $5-per-day presentence
credit for the 101 days he was in custody prior to sentencing toward his $2,000 fine for possession
of a controlled substance; and (4) the statute mandating that persons convicted of drug-related
offenses be assessed a $5 fee for deposit into the Spinal Cord Injury Paralysis Cure Research Trust
Fund (Spinal Cord Fund) violates defendant’s due process rights because there is no rational
relationship between the sale of a controlled substance and the public interest in the Spinal Cord