Appellate Court of Illinois

A conviction and sentence for possession of a controlled substance is affirmed and modified over claims of error regarding: 1) the imposition of a 500 dollar assessment without first determining whether he had the ability to pay; 2) defendant's entitlement to a credit against the assessment based on the days he spent in custody before sentencing; 3) the statute mandating a 5 dollar fee for deposit in the Spinal Cord Injury Paralysis Cure Research Trust Fund as unconstitutional; and 4) the compulsory extraction and perpetual storage of his DNA as violative of his Fourth Amendment rights.

Appellate Information

• Decided 05/29/2007
• Published 05/29/2007

Judges

• Presiding Justice WOLFSON delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Michael J. Pelletier, Deputy Defender, Ahmed A. Kosoko, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for Appellant.


• For Appellees:
  
• Richard A. Devine, State's Attorney, Cook County, Chicago (James E. Fitzgerald, Annette Collins, Sally Dilgart, Paula Borg, of counsel), for Appellee.