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People v. White

Case Date: 09/05/2002
Court: 2nd District Appellate
Docket No: 2-01-0481 Rel

No. 2--01--0481

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE PEOPLE OF THE STATE
OF ILLINOIS,

          Plaintiff-Appellee,

v.

MARC E. WHITE,

          Defendant-Appellant.

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) 		Appeal from the Circuit Court
of Winnebago County.


No. 98--CF--1969


Honorable
Richard W. Vidal,
Judge, Presiding.

JUSTICE BYRNE delivered the opinion of the court:

The issue presented by this appeal is whether the monetarycredit allowed by section 110--14 of the Code of Criminal Procedureof 1963 (Code) (725 ILCS 5/110--14 (West 2000)) applies to courtcosts, probation fees, and lab analysis fees. Section 110--14provides:

"Credit for Incarceration on Bailable Offense. Anyperson incarcerated on a bailable offense who does not supplybail and against whom a fine is levied on conviction of suchoffense shall be allowed a credit of $5 for each day soincarcerated upon application of the defendant. However, inno case shall the amount so allowed or credited exceed theamount of the fine." 725 ILCS 5/110--14 (West 2000).

For the reasons that follow, we hold that the monetary creditallowed by section 110--14 does not apply to court costs, probationfees, or lab analysis fees.

Defendant, Marc E. White, was charged with burglary in caseNo. 98--CF--1606; with burglary in case No. 98--CF--1969; and withpossession of a controlled substance in case No. 98--CF--2981. Thetrial court consolidated the cases. Pursuant to an agreement,defendant entered a plea of guilty to all three charges. Withrespect to case Nos. 98--CF--1606 and 98--CF--2981, the trial courtsentenced defendant to concurrent terms of incarceration of 4