People v. Clendenny

Illinois Appellate Court
Criminal Court
Probation
Citation
Case Number: 
2016 IL App (4th) 150215
Decision Date: 
Tuesday, January 26, 2016
District: 
4th Dist.
Division/County: 
Calhoun Co.
Holding: 
Affirmed.
Justice: 
APPLETON

Defendant pled guilty to reckless homicide, and was sentenced to 30 months' probation, including 18 months' periodic imprisonment as a condition of probation.  As record does not indicate Defendant's employment was comparable to a county work-release program, his 18-month periodic imprisonment sentence is valid. Court's reference to the probation condition as "work release" was not indicative of court's intent to impose a sentence that qualified as a program comparable to a county or state work-release program.  Defendant's release was not limited strictly to employment, as he was ordered to participate in alcohol evaluation and treatment, and was allowed to attend birth of his child and remain with his wife during her hospitalization. (KNECHT and POPE, concurring.)