People v. McDermott

(Modified upon denial of rehearing 7/1/14.) Court erred in summarily dismissing Defendant's two pro se postconviction petitions, wherein he argued that his negotiated guilty pleas was based on credit for certain number of days in presentence custody which he did not receive. Defendant claimed he was denied the benefit of his plea bargains and sought amended sentencing judgments. When a specified amount of sentence credit is included within terms of a defendant's plea agreement, the defendant is entitled to the amount of sentence credit promised, even if that would result in a defendant earning two sentence credits for a single day spent in custody. (POPE and HOLDER WHITE, concurring.)