People v. Johnson

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 2-08-0693
Decision Date: 
Monday, June 7, 2010
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed as modified.
Justice: 
BOWMAN
When a defendant is already serving a sentence on an unrelated offense, beginning point of that custody is when the defendant is charged, because at that time, defendant would be unable to be released because of outstanding warrant and failure to post bond on new charge. Thus, the defendant is entitled to credit from date charged, rather than from date that writ of habeas corpus was issued. Even if defendant agreed to a certain miscalculated number of days of credit, mittimus should be modified to give the correct number of days of credit.