People v. Bailey

The defendant, Cleavon Bailey, was found guilty by a jury of the aggravated unlawful use of a weapon (720 ILCS 5/24 — 1.6(a)(3)(A) (West 2000)) and sentenced to 30 months of probation and 64 days in jail. He appeals his conviction. Alternatively, he seeks a refund from the amount collected for costs and fines associated with his conviction. Following our careful review, we reverse.

BACKGROUND

In the early morning hours of November 4, 2000, Bailey was riding in the front passenger seat of a car driven by Gary McDonald. At 6:15 a.m. the vehicle was stopped by Joliet police officers Tim Powers and…