Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Witte

December 21, 2000

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JON T. WITTE, DEFENDANT-APPELLANT.



Appeal from Circuit Court of Woodford County Nos. 97CF133 97CF145 Honorable John B. Huschen, Judge Presiding.

The opinion of the court was delivered by: Presiding Justice Steigmann

Not Released For Publication

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
JON T. WITTE, DEFENDANT-APPELLANT.

Appeal from Circuit Court of Woodford County Nos. 97CF133 97CF145 Honorable John B. Huschen, Judge Presiding.

The opinion of the court was delivered by: Presiding Justice Steigmann

In April 1998, defendant, Jon T. Witte, pleaded guilty to two counts of deceptive practices (720 ILCS 5/17-1(B)(d) (West 1996)), in two separate cases, and the trial court sentenced him to 30 days' probation, subject to various conditions. In December 1998, the State filed a petition to revoke defendant's probation, and in March 1999, the court resentenced him to 30 months' probation with the condition that he serve 180 days in county jail. In April 1999, the State filed a second petition to revoke defendant's probation, and in August 1999, the court granted that petition and resentenced defendant to two concurrent extended-term sentences of four years in prison.

 Defendant appeals, arguing that the trial court erred by (1) ordering him to pay $2,900 in restitution absent proof that the victims incurred $2,900 in losses, (2) imposing extended-term sentences when he was not eligible for extended terms when he was originally sentenced in April 1998, (3) ordering him to pay a $100 public defender fee, (4) awarding him only 16 days' sentence credit for time he served in periodic imprisonment when he was entitled to 52, and (5) not awarding him sentence credit for 275 days that he served in home confinement. We agree with defendant's second, third, and fourth arguments. Accordingly, we affirm in part, vacate in part, and remand with directions.

I. BACKGROUND

On April 8, 1998, defendant pleaded guilty to two charges of deceptive practices (720 ILCS 5/17-1(B)(d) (West 1996)) for acts he committed in September and October 1997. In case No. 97-CF-133, defendant was charged with deceptive practices for delivering a $500 check to the Minonk State Bank (Minonk), signed by defendant and drawn on Commerce Bank, knowing that the check would not be paid by the depository. In case No. 97-CF-145, defendant was charged with deceptive practices for delivering a $300 check to First Financial Bank (First Financial), signed by defendant and drawn on Commerce Bank knowing that the check would not be paid by the depository. The State dismissed two additional deceptive practices charges pursuant to the plea agreement.

Also pursuant to the plea agreement, the trial court sentenced defendant to 30 months' probation and imposed various conditions, including that defendant do the following: (1) serve 16 days' periodic time (8 weekends) in county jail, (2) serve 9 months in home confinement, (3) pay $2,900 in restitution to Minonk and First Financial, and (4) pay $874 in costs.

In December 1998, the State filed a petition to revoke defendant's probation, alleging that he violated probation by using cocaine on two separate occasions. In February 1999, defendant admitted one of the allegations, and in March 1999, the trial court resentenced him to 30 months' probation with the condition that he serve 180 days in the county jail, beginning June 26, 2001.

In April 1999, the State filed another petition to revoke defendant's probation, alleging that he used cocaine in April 1999. Following a July 1999 hearing, the trial court found in the State's favor on the petition. In August 1999, the court held a sentencing hearing and, after concluding that probation was no longer appropriate, sentenced defendant to two concurrent extended terms of four years in prison pursuant to section 5-5-3.2(b)(1) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-5-3.2(b)(1) (West 1998)). The court also (1) awarded defendant 16 days of sentence credit, (2) ordered him to pay restitution in the amount previously ordered, and (3) ordered him to pay a $100 fee for the services of his court-appointed counsel.

In September 1999, defendant filed a motion to reconsider sentence, arguing that the trial court erred by imposing extended-term sentences because he was not eligible for an extended term when he was originally sentenced. Specifically, defendant argued that the April 20, 1998, Peoria County and May 22, 1998, La Salle County deceptive practices convictions upon which the court based his eligibility for an extended term could not be considered prior convictions because they occurred after the April 8, 1998, conviction for which he was being sentenced.

After a September 1999 hearing, the trial court denied defendant's motion to reconsider sentence. Specifically, the court found that defendant's Peoria and La Salle County convictions constituted a valid basis for imposing extended-term sentences because they occurred prior to (and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.