People v. Matthews

No. 3--97--0732
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IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 1998

THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court
ILLINOIS, ) for the 14th Judicial Circuit
) Rock Island County, Illinois,
Plaintiff-Appellee, )
)
v. ) No. 96--CF--440
)
MICAH S. MATTHEWS, ) Honorable
) John D. O'Shea,
Defendant-Appellant. ) Judge, Presiding,
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JUSTICE SLATER delivered the opinion of the court:
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The defendant, Micah S. Matthews, entered an open plea of
guilty to a charge of robbery (720 ILCS 5/18--1 (West 1996)). He
was sentenced to five years in prison. The trial court further
ordered the defendant to reimburse Rock Island County $350 for
the cost of providing him with an attorney, saying, "That's a
standard ruling." On appeal, the defendant contends that the
trial court erred in ordering reimbursement without conducting a
hearing into his ability to pay. We agree. Thus, we reverse and
remand.
Initially, we note that the defendant failed to raise this
issue in a post-sentencing motion and therefore has waived his
claim of error. People v. Reed, 177 Ill. 2d 389, 686 N.E.2d 584
(1997). However, when the alleged error is so fundamental that
it has deprived the defendant of a fair sentencing hearing, plain
error may be found. People v. Thomas, 178 Ill. 2d 215, 687 N.E.2d 892 (1997).
Section 113--3.1 of the Code of Criminal Procedure of 1963
(Code) empowers the trial court to order a defendant to reimburse
the county or the State for the cost of providing him with legal
representation. 725 ILCS 5/113--3.1(a) (West 1996). This
section further provides that "[i]n a hearing to determine the
amount of the payment," the court may consider a financial
affidavit prepared by the defendant and any other information
provided by the parties. 725 ILCS 5/113--3.1(a) (West 1996). In
People v. Love, 177 Ill. 2d 550, 687 N.E.2d 32 (1997), the
Illinois Supreme Court ruled that the trial court must conduct a
hearing into the defendant's financial circumstances before
imposing a reimbursement order pursuant to section 113--3.1 of
the Code.
In the instant case, the trial court imposed the
reimbursement obligation upon the defendant without inquiring
into the defendant's financial status. In doing so, the court
noted that imposing such an obligation was a "standard ruling."
This is not in keeping with the mandate of section 113--3.1 of
the Code and clearly deprived the defendant of a fair sentencing
hearing. Moreover, we are not persuaded that the local rule
cited by the State provides a sufficient basis for the imposition
of a reimbursement order. That rule is explicitly based upon
section 113--3.1, and the Love decision makes clear that section
113--3.1 requires a hearing to protect the defendant's
constitutional right to due process of law.
Accordingly, we hold that the judgment of the circuit court
of Rock Island County must be reversed and the matter remanded
for a hearing on the defendant's ability to reimburse the county
for the cost of his legal representation.
Reversed and remanded.
HOMER, P.J., and HOLDRIDGE, J., concur.