People v. Marshall

Defendant, Earl Lee Marshall, pled guilty to first degree murder. The circuit court of Peoria County sentenced him to 33 years’ imprisonment and ordered him to pay a DNA analysis fee of $200. This is defendant’s direct appeal in which he claims the order directing him to pay the $200 DNA fee should be vacated as the court was without authority to order him to submit a sample or pay the fee as his DNA was already on file.

FACTS

During the pendency of the case in the trial court, the State moved for an order directing defendant “to produce the buccal standard” for the purpose of DNA comparison…