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PEOPLE v. SPOTTS

No. 2-98-0644.

713 N.E.2d 1191 (1999)

305 Ill. App.3d 702

239 Ill.Dec. 341

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Felchner N. SPOTTS, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 23, 1999.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and R. Christopher White (Court-appointed), Office of the State Appellate Defender, Elgin, for Flechner N. Spotts.

Daniel A. Fish, Lee County State's Attorney, Dixon, Martin P. Moltz, Deputy Director, Mary Beth Burns, State's Attorney Appellate Prosecutor, Elgin, for the People.

Justice RAPP delivered the opinion of the court:

Defendant, Felchner N. Spotts, was convicted of aggravated battery (720 ILCS 5/12-4(b)(8) (West 1996)). He appeals, contending that the trial court erred by requiring him to pay $4,295.64 for the cost of his appointed private counsel without holding a hearing to consider defendant's ability to pay. Even though defendant failed to raise this issue in the trial court, the waiver rule does not apply because of the failure...

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