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People v. Roberson

April 04, 2003


Appeal from the Circuit Court of Du Page County. No. 01--CF--122 Honorable Kathryn E. Creswell, Judge, Presiding.

The opinion of the court was delivered by: Justice Bowman


Defendant, Brian Roberson, was convicted of violating his bail bond (720 ILCS 5/32--10(a) (West 2000)), and he was sentenced to four years' imprisonment with credit for three days served. On appeal, defendant argues that he should receive an additional 267 days of credit. We affirm.

On September 4, 1999, defendant was arrested for burglary (720 ILCS 5/19--1(a) (West 2000)), and on September 6, 1999, he posted bond. At defendant's arraignment, defendant asked for a continuance, and the court continued the matter until October 25, 1999. In setting this date, the court explained to defendant that he must appear in court on that date or the court would issue a no-bond warrant for defendant's arrest. Defendant indicated that he understood the court's warning.

On October 25, 1999, defendant failed to appear in court, and the court issued a warrant for defendant's arrest. On April 23, 2000, defendant was arrested on the warrant in California. Defendant was extradited to Illinois, and on January 11, 2001, he was indicted for violating the terms of his bail bond. On January 14, 2001, defendant posted bond on the burglary charge. A few days later, on January 16, 2001, defendant was taken into custody on the violation-of-bail-bond charge, and on January 18, 2001, defendant was issued a recognizance bond for the violation-of-bail-bond charge.

On March 6, 2001, defendant again was indicted for his bail bond violation, which occurred on October 25, 1999. Following a bench trial, defendant was convicted of violating his bail bond, the State nol-prossed the burglary charge, and defendant was sentenced. Defendant subsequently filed a posttrial motion, arguing, among other things, that he was entitled to the 267 days he served in custody on the burglary offense, i.e., from April 23, 2000, to January 14, 2001. The trial court denied the motion, and this timely appeal followed.

Defendant argues that pursuant to section 5--8--7(c) of the Unified Code of Corrections (Code) (730 ILCS 5/5--8--7(c) (West 2000)), he should receive credit against his violation-of-bail-bond sentence for the time he served in custody awaiting a trial on the dismissed burglary charge. The State argues that defendant is not entitled to this credit because the two offenses, burglary and violation of the bail bond, are two separate offenses. We agree with the State.

Section 5--8--7(c) of the Code provides as follows:

"An offender arrested on one charge and prosecuted on another charge for conduct which occurred prior to [the offender's] arrest shall be given credit on the determinate sentence or maximum term and the minimum term of imprisonment for time spent in custody under the former charge not credited against another sentence." 730 ILCS 5/5--8--7(c) (West 2000).

When interpreting a statute, this court must ascertain and give effect to the legislature's intent, which is best determined after examining the language used in the statute. People v. Robinson, 172 Ill. 2d 452, 457 (1996). The words used in the statute should be given their plain and ordinary meaning, and when the language in the statute is unambiguous, this court must apply the statute without resorting to any aids of construction. Robinson, 172 Ill. 2d at 457. Because interpreting a statute presents a question of law, our review is de novo. Robinson, 172 Ill. 2d at 457.

This case hinges on the proper characterization of the April 23, 2000, arrest of defendant in California. If the April 23, 2000, arrest was an arrest for the burglary charge, section 5--8--7(c) would clearly apply. However, the April 23, 2000, arrest was not for the charge of burglary. As of April 23, 2000, defendant had already been indicted for that burglary and arrested on that charge on September 4, 1999. Rather, the bench warrant commanding defendant's arrest, served on April 23, 2000, was for failure to appear and was issued pursuant to section 110--3 of the Code of Criminal Procedure of 1963. 725 ILCS 5/110--3 (West 1998) (issuance of arrest warrant on failure to comply with condition of bail bond or recognizance). The bench warrant clearly commanded the arrest of defendant for "FAILURE TO APPEAR" and included the citation "725 ILCS 5/110--3" directly below these words. As a result, the conduct for which defendant was prosecuted (failing to appear in court on October 25, 1999) did not occur prior to defendant's September 4, 1999, arrest for burglary. Therefore, we find that section 5--8--7(c) does not apply to this case.

Moreover, if the bench warrant on which defendant was arrested on April 23, 2000, were characterized as a second arrest for burglary or a re-arrest on the burglary charge, the warrant would have been invalid.

Our supreme court has stated:

"Common sense dictates that issuing a second arrest warrant on identical charges after a defendant has been arrested andreleased on bond produces a warrant that is invalid ab initio. To hold otherwise would provide police with a 'pocket warrant' that could be executed at any time and place, despite the fact that the target is already subject to the jurisdiction of a court for the crime charged. In addition, such a ...

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