{
  "id": 4304825,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTONIO R. WILLIAMS, Defendant-Appellant",
  "name_abbreviation": "People v. Williams",
  "decision_date": "2010-09-09",
  "docket_number": "No. 4\u201409\u20140410",
  "first_page": "283",
  "last_page": "285",
  "citations": [
    {
      "type": "official",
      "cite": "404 Ill. App. 3d 283"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 274,
    "char_count": 4696,
    "ocr_confidence": 0.782,
    "sha256": "c38aa0c7a3b7240d430000f6187d066e75007ad85dc3b0e6183496428db6bcda",
    "simhash": "1:ffde841c52da0f27",
    "word_count": 755
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  "last_updated": "2023-07-14T16:58:54.131587+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTONIO R. WILLIAMS, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE POPE\ndelivered the opinion of the court:\nIn March 2009, a jury convicted defendant, Antonio R. Williams, of possession with intent to deliver cannabis (720 ILCS 550/5(c) (West 2008)), a Class 4 felony. In May 2009, the trial court sentenced defendant to 18 months\u2019 imprisonment and imposed, among other fines and fees, a $140 street-value fine. The court awarded defendant 28 days\u2019 credit toward his prison term and, accordingly, awarded him $140 in credit toward fines pursuant to section 110 \u2014 14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110 \u2014 14(a) (West 2008)). Defendant seeks remand with directions to apply the credit of $140 against his outstanding fines.\nI. CREDIT TOWARD FINES\nAs the record shows the trial court awarded defendant a $140 credit toward fines and the circuit clerk\u2019s records show defendant has not received the credit awarded by the court, we remand with directions to apply the $140 credit to defendant\u2019s outstanding fines.\nII. APPEAL COSTS\nIn its brief on appeal, the State requested costs be assessed against defendant pursuant to section 4 \u2014 2002(a) of the Counties Code (55 ILCS 5/4 \u2014 2002(a) (West 2008)). This court awarded $50 in costs in its summary order filed on September 9, 2010. In his petition for rehearing, defendant argues the State is not entitled to costs pursuant to section 4 \u2014 2002(a) because the cause was defended by the State\u2019s Attorney\u2019s Appellate Prosecutor\u2019s office and not the State\u2019s Attorney. We disagree.\nPursuant to section 4 \u2014 2002(a) of the Counties Code, a State\u2019s Attorney is entitled to a $50 fee when an appeal is \u201cprosecuted or defended by him.\u201d 55 ILCS 5/4 \u2014 2002(a) (West 2008). In this case, the Champaign County State\u2019s Attorney entered an appearance in this appeal, as it was the first party listed on the State\u2019s brief. It was also listed as the first party who had \u201cRespectfully Submitted\u201d the brief on the State\u2019s behalf.\nSection 4.01 of the State\u2019s Attorneys Appellate Prosecutor\u2019s Act (Act) (725 ILCS 210/4.01 (West 2008)) provides as follows:\n\u201cThe Office [of the State\u2019s Attorney\u2019s Appellate Prosecutor] and all attorneys employed thereby may represent the People of the State of Illinois on appeal in all cases which emanate from a county containing less than 3,000,000 inhabitants, when requested to do so and at the direction of the State\u2019s Attorney, otherwise responsible for prosecuting the appeal, and may, with the advice and consent of the State\u2019s Attorney prepare, file[,] and argue such appellate briefs in the Illinois Appellate Court ***.\u201d\nUnder the Act, the State\u2019s Attorney has the authority to request and direct that its appeals be prosecuted by the State\u2019s Attorney\u2019s Appellate Prosecutor\u2019s office. That office is in essence acting on behalf of the State\u2019s Attorney. Because the Champaign County State\u2019s Attorney entered her appearance, the appeal was one \u201cprosecuted or defended\u201d by her regardless of who prepared the State\u2019s brief. Thus, the State is entitled to its $50 statutory assessment.\nDefendant presents a second argument claiming the costs of the appeal handled by the State\u2019s Attorney\u2019s Appellate Prosecutor\u2019s office are paid by a \u201cspecial fund\u201d in the state treasury, which is \u201cfunded from contributions collected from the counties in the program.\u201d 725 ILCS 210/9 (West 2008). However, that a special fund is used for the expenses of the State\u2019s Attorney\u2019s Appellate Prosecutor does not prohibit the granting of the statutory assessment. The $50 fee pursuant to section 4 \u2014 2002(a) is deposited into the county fund for the county from which the appeal was taken. Here, the State was represented by both the Champaign County State\u2019s Attorney and the State\u2019s Attorney\u2019s Appellate Prosecutor, and the distribution of the fee awarded to the State is of no consequence to this court.\nIII. CONCLUSION\nFor the foregoing reasons, we affirm the trial court\u2019s judgment and remand with directions to apply the $140 credit against defendant\u2019s outstanding fines. As part of our judgment, we award the State its $50 statutory assessment against defendant as costs of this appeal.\nAffirmed and remanded with directions.\nTURNER and McCULLOUGH, JJ., concur.",
        "type": "majority",
        "author": "JUSTICE POPE"
      }
    ],
    "attorneys": [
      "Michael J. Pelletier, Karen Munoz, and Martin J. Ryan, all of State Appellate Defender\u2019s Office, of Springfield, for appellant.",
      "Julia Rietz, State\u2019s Attorney, of Urbana (Patrick Delfino, Robert J. Biderman, and Anastacia R. Brooks, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTONIO R. WILLIAMS, Defendant-Appellant.\nFourth District\nNo. 4\u201409\u20140410\nModified opinion filed September 9, 2010.\nRehearing denied October 26, 2010.\nMichael J. Pelletier, Karen Munoz, and Martin J. Ryan, all of State Appellate Defender\u2019s Office, of Springfield, for appellant.\nJulia Rietz, State\u2019s Attorney, of Urbana (Patrick Delfino, Robert J. Biderman, and Anastacia R. Brooks, all of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0283-01",
  "first_page_order": 299,
  "last_page_order": 301
}