People v. Tobin

The Illinois Supreme Court considered the sentencing provisions of the Illinois Vehicle Code and County Jail Good Behavior Allowance Act to consider whether the Vehicle Code, where it authorizes a minimum term of imprisonment of 30 days or 300 hours of community service, permits the circuit court to sentence the defendant to a 14-day term of imprisonment and whether the Behavior Act permits the circuit court to make the 14-day sentence subject to day-for-day credit for good behavior. The court held that the Vehicle Code did not permit the circuit court to sentence defendant to 14 days in jail and that the Behavior Act did not permit good behavior for the sentence because the credit reduced the sentence to a term less than the mandatory minimum sentence. (THEIS, OVERSTREET, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)