People v. Sumler

(Court opinion corrected 4/16/15.) Defendant was convicted, after jury trial, of aggravated kidnapping, violation of order of protection, and domestic battery as to the mother of his three children. Under truth-in-sentencing provisions, a person convicted of certain offenses, including aggravated kidnapping, would receive no more than 4.5 days of credit for each month of his sentence. Thus, Defendant must serve at least 85% of his sentence, and does not receive normal day-for-day good-conduct credit. As sentencing court and attorneys may have believed Defendant would be eligible for day-to-day credit, which may have influenced sentence, remanded for reconsideration of sentence. Conviction for domestic battery violated one-act, one-crime doctrine because it was a lesser included offense of aggravated kidnapping predicated on domestic battery.(HOWSE and COBBS, concurring.)