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People v. O'Malley5/6/2005
that the disposition of court supervision was not authorized by law when it said that the charge was not "subject to" it. The trial court clearly was not saying that, in its discretion, defendant was not entitled to court supervision. A trial court's misapprehension of a minimum sentence necessitates a new sentencing hearing when it appears that the trial court's misunderstanding arguably influenced the sentencing decision. People v. Eddington, 77 Ill. 2d 41, 48 (1979); People v. Hurley, 277 Ill. App. 3d 684, 687 (1996). In light of the fact that the trial court imposed a sentence of court supervision on the resisting or obstructing a peace officer charge, it is arguable that it would have done so with respect to the fleeing or attempting to elude a police officer charge had it not been laboring under the misconception that such disposition was unavailable. Therefore, we vacate defendant's sentence of probation on the fleeing or attempting to elude a police officer charge. We of course do not know whether the trial court would have granted court supervision on this charge and, in fact, some of the trial court's comments suggest that defendant's conduct in committing this offense was too serious to grant him court supervision. As such, we decline defendant's invitation to use our power under Supreme Court Rule 615(b)(4) (134 Ill. 2d R. 615(b)(4)) and impose a disposition of court supervision in place of the sentence of probation without remanding to the trial court.
As a final matter, although not raised by the State, we would be remiss in our duties were we to ignore the unauthorized disposition of court supervision imposed on the finding of guilt of resisting or obstructing a peace officer. A disposition of court supervision is not applicable to a defendant found guilty of resisting or obstructing a peace officer in violation of section 31--1 of the Criminal Code of 1961. See 730 ILCS 5/5--6-1(c) (West 2002). A sentence that does not conform to a statutory requirement is void. People v. Thompson, 209 Ill. 2d 19, 24 (2004). Reviewing courts have an independent duty to vacate void orders and may sua sponte declare orders void. Thompson, 209 Ill. 2d at 27. Consequently, we also vacate the disposition of court supervision imposed on the finding of guilt of resisting or obstructing a peace officer, and we remand for resentencing. III.
CONCLUSION
For the foregoing reasons, we affirm the judgment of the circuit court of Lake County but vacate the sentence of probation imposed on the finding that defendant is guilty of fleeing or attempting to elude a police officer. We also vacate the disposition of court supervision imposed on the finding that defendant is guilty of resisting or obstructing a peace officer. We remand the cause to the trial court for resentencing on those findings of guilt.
Affirmed in part and vacated in part; cause remanded.
O'MALLEY, P.J., and HUTCHINSON, J., concur.
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