People v. Funches

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2019 IL App (3d) 160644
Decision Date: 
Tuesday, March 19, 2019
District: 
3d Dist.
Division/County: 
McDonough Co.
Holding: 
Appeal dismissed.
Justice: 
WRIGHT

Defendant pled guilty to driving while driver's license suspended, and was placed on 18 months probation and ordered to serve 148 days in county jail as a condition of probation.On appeal, Defendant contends that he is entitled to additional presentence custody credit. At the time Defendant filed his opening brief on appeal he was completely discharged from his sentence. Because Defendant served the entirety of his sentence before his counsel filed his brief, his otherwise meritorious issue was rendered moot. (SCHMIDT and O'BRIEN, concurring; SCHMIDT, also specially concurring.)