(Court opinion corrected 8/9/16.) Defendant was arrested for theft, and released on bond two days later. While on bond, Defendant surrendered himself for a charge that arose before the theft. A month later, the defendant surrendered his bail and the court exonerated his bond nunc pro tunc to the day he turned himself in so that he could receive credit for his time in custody. After trial, Defendant was sentenced to three years in prison. He did not receive credit for the time he was in custody prior to the order. Court improperly exonerated defendant’s bail non pro tunc. Nun Pro Tunc orders/judgments may only be used to incorporate something which was already previously done by the court. Defendant may only receive credit for the time he served after he surrendered his bond even if he was incarcerated on a different charge while the bond was valid. Court should have granted credit for the time Defendant served once he surrendered his bail. (NEVILLE and SIMON concurring.)
Illinois Appellate Court
Criminal Court
Sentencing