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People v. Bishop12/13/2004
ord will be resolved against the appellant. Stewart, 179 Ill. 2d at 565.
Here, defendant bore the burden of presenting a sufficient record containing the alleged error by the trial court. As conceded by defendant, the record before this court does not contain the sentencing hearing. Defendant attempted to remedy this absence with an agreed statement of facts. However, this statement makes no mention of the alleged error of which defendant now complains. In the absence of any indication otherwise, we will presume that the trial court properly considered defendant's ability to pay the fines imposed and decline to find any error.
Moreover, the State points out that documents in the record would satisfy any inquiry by the trial court as to defendant's ability to pay. A trial judge need not specifically state that a defendant was determined to have the financial resources and ability to pay because such finding is implicit in the imposition of a fine where the judge is aware of the facts that support such a determination. People v. Jumper, 113 Ill. App. 3d 346, 353 (1983). While the record on appeal in this case does not contain a transcript of the sentencing hearing, the record does contain defendant's Alcohol and Drug Evaluation Uniform Report. In this report, defendant indicated that he was employed full time as a laborer and he requested to complete his treatment in Rockford because he worked there. The supreme court in People v. Maldonado, 109 Ill. 2d 319, 324-25 (1985), found that the trial court's remarks that defendant had been employed and was on unemployment was sufficient consideration of defendant's financial resources and future ability to pay. Defendant's report contained sufficient information to be deemed an adequate inquiry into his financial resources and future ability to pay.
Based on the foregoing reasons, we affirm the decision of the circuit court of Cook County.
Affirmed.
CAHILL, P,J. and O'MALLEY, J., concur.
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