People v. Henderson

- A jury found the defendant, Thomas C. Henderson, guilty of driving under the influence of alcohol (DUI), which is a Class A misdemeanor (625 ILCS 5/11 — 501(a)(2), (c) (West 1998)). He was sentenced to 30 days’ incarceration in the county jail. The sentencing order also stated that he was to pay a $2,500 public defender fee (725 ILCS 5/113 — 3.1(b) (West 2000)). Under section 113 — 3.1(b) of the Code of Criminal Procedure of 1963 (725 ILCS 5/113 — 3.1(b) (West 2000)), an order imposing a public defender fee may not exceed (1) $500 for a defendant charged with a misdemeanor; or (2) $2,500 if…