People v. Vasquez

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 120344
Decision Date: 
July 15, 2013
District: 
2d Dist.
Division/County: 
Du Page Co.
Justice: 
SPENCE
Holding: 
Affirmed as modified.
Defendant filed pro se petition for relief seeking $1,595 credit against a $3,000 drug assessment, for time spent in custody before he was sentenced, under Section 110-14 of Code of Criminal Procedure. Defendant lacked standing to seek relief under Post-Conviction Hearing Act, as he was not imprisoned on this case serving MSR term when he filed his petition. However, lack of standing under the Act does not equate to lack of subject matter jurisdiction, and does not preclude appellate court from granting request for monetary credit.(BURKE and JORGENSEN, concurring.)