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People v. Johnson

January 24, 2002

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE
v.
GEORGE A. JOHNSON, DEFENDANT-APPELLANT



Appeal from Circuit Court of Vermilion County No. 93TR9644 Honorable James K. Borbely, Judge Presiding

The opinion of the court was delivered by: Justice Steigmann

PUBLISHED

In March 1995, defendant, George A. Johnson, proceeding pro se, pleaded guilty to (1) driving under the influence of alcohol (DUI) (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-501); (2) illegal lane usage (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-709); and (3) illegal transportation of alcohol (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-502). In June 1995, the trial court sentenced him to two years' intensive probation with various conditions.

In August 1997, the trial court revoked defendant's probation and later resentenced him to two years' intensive probation with conditions. In March 1999, the court again revoked defendant's probation and later resentenced him to 52 consecutive weekends of periodic imprisonment.

In September 1999, the State filed a petition to revoke defendant's periodic imprisonment. Following a January 2000 sentencing hearing, the trial court sentenced defendant to 364 days in jail with credit for 242 days served, including credit for 18 days served in periodic imprisonment.

Defendant appeals, arguing that (1) his jail sentence should be vacated because a verbatim transcript of his waiver of counsel was not made at his March 1995 guilty plea hearing, as required by Supreme Court Rule 401(b) (134 Ill. 2d R. 401(b)); (2) at his 1995 sentencing hearing, the trial court erred by imposing a sentence based on a subsequent act; and (3) he is entitled to an additional 24 days of sentencing credit for time he served in periodic imprisonment. We affirm and remand with directions.

I. BACKGROUND

The record does not contain a transcript of any of the proceedings in this case. The following facts are taken from the trial court's docket entries and documents contained in the common-law record.

On October 7, 1993, the State charged defendant with (1) DUI (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-501); (2) illegal lane usage (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-709); (3) illegal transportation of alcohol (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 11-502); and (4) operation of an uninsured motor vehicle (Ill. Rev. Stat. 1991, ch. 95 1/2, par. 3-707). In March 1995, defendant, appearing pro se, pleaded guilty to DUI, illegal lane usage, and illegal transportation of alcohol, and the State nol-prossed the remaining charge. In June 1995, the trial court sentenced defendant to two years' intensive probation and ordered him to (1) serve 14 days in jail; (2) obtain an alcohol evaluation; and (3) complete any recommended alcohol treatment within six months. The court's docket entry further states as follows: "Sentencing continued in progress to [September 21, 1995]. If alcohol evaluation is not on file at that time, this will be the sentencing. If evaluation is on file, at that time, other options will be considered."

On September 21, 1995, the trial court continued defendant's sentencing to December 20, 1995. On that date, defendant appeared pro se and the court sentenced him to two years' intensive DUI probation with various conditions, including that he (1) serve 180 days in jail, (2) obtain an alcohol evaluation or furnish a copy of an evaluation to the court within 30 days, and (3) complete any recommended treatment within the first six months of his probation. On February 28, 1996, defendant filed his alcohol evaluation, in which the evaluator recommended that defendant complete intensive alcohol-abuse treatment.

In October 1996, the State filed a petition to revoke defendant's probation, alleging that defendant had failed to complete alcohol treatment within the first six months of his probation. In July 1997, the trial court appointed counsel to represent defendant. Following an August 1997 hearing on the State's petition, the court revoked defendant's probation. After a December 1997 sentencing hearing, the court ordered that defendant (1) be readmitted to two years' intensive DUI probation, (2) serve 30 days in jail, and (3) complete alcohol treatment within six months. The court also ordered that the written judgment of sentence be "stayed until June 3, 1998[,] at 2:30. If treatment is complete [the] court may consider remitting jail time. Alcohol treatment to be completed within [six] months of defendant [being] released from [the Public Safety Building]." On June 3, 1998, the court ordered defendant to serve 30 days in jail, upon finding that he had failed to complete alcohol-abuse treatment.

In July 1998, the State filed a petition to revoke defendant's probation, alleging that defendant had failed to complete alcohol treatment. Following a December 1998 hearing, the trial court revoked defendant's probation, upon finding that he failed to complete treatment. Following a March 1999 sentencing hearing, the court sentenced defendant to 52 consecutive weekends in jail and fined him $200.

In September 1999, the State filed a petition to revoke defendant's periodic imprisonment, alleging as follows: (1) "The defendant's periodic imprisonment order was for 52 consecutive weekends beginning March 19, 1999. The defendant has not reported to the Public Safety Building for detention since June 4, 1999"; and (2) "The defendant reported for the first three weekends, then missed 2 weekends, and then reported sporadically until June 4, 1999."

Later in September 1999, defendant admitted the allegations in the State's petition to revoke periodic imprisonment. Following a January 2000 sentencing hearing, the trial court sentenced defendant to 364 days in jail with credit for time served. The court continued the case until February 9, 2000, and directed the parties to determine how many days the defendant had already served. On February 9, 2000, the court resentenced defendant to 364 days in jail ...


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