People v. Carodine

              First Division
Filed: 5-21-07
No. 1-05-2775
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 05 CR 12518
)
DONALD CARODINE, ) Honorable
) John P. Kirby,
Defendant-Appellant. ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
Defendant Donald Carodine was convicted of two counts of possession of a controlled
substance following a bench trial. A sentencing hearing was conducted where mitigation and
aggravation were presented. The trial court sentenced defendant to 2 concurrent 2-year terms in
the Illinois Department of Corrections, with 115 days’ credit for time served while awaiting
sentencing, and assessed fines and fees consisting of a $5 Spinal Cord Injury Paralysis Cure
Research Trust Fund assessment, a $500 controlled substance fine, a $100 trauma fund fine, and
a $20 Violent Crime Victims Assistance Fund fine. Defendant filed a motion for a new trial,
which was denied. Defendant appeals arguing that (1) the trial court erred by denying his pretrial
motion to suppress evidence, (2) the State failed to prove him guilty beyond a reasonable doubt,
(3) his conviction should be reversed because the trial court misstated the evidence in its
findings, (4) the $5 fee for the Spinal Cord Paralysis Cure Research Trust Fund is
unconstitutional, (5) the trial court improperly assessed a $20 Violent Crime Victims Assistance