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The People of the State of Illinois v. Steven M. Brown

March 18, 2011

THE PEOPLE OF THE STATE OF ILLINOIS,
PLAINTIFF-APPELLEE,
v.
STEVEN M. BROWN,
DEFENDANT-APPELLANT.



Appeal from Circuit Court of Adams County Honorable Scott H. Walden, Judge Presiding. Nos. 08CF516 09CF172

The opinion of the court was delivered by: Justice Myerscough

JUSTICE MYERSCOUGH*fn1 delivered the judgment of the court, with opinion.

Presiding Justice Knecht concurred in the judgment and opinion. Justice Appleton concurred in part and dissented in part, with opinion.

OPINION

Defendant, Steven M. Brown, appeals the trial court's restitution order and the failure to award defendant the $5-perday credit against fines under section 110-14(a) of the Code of Criminal Procedure of 1963 (Criminal Procedure Code) (725 ILCS 5/110-14(a) (West 2008)). We affirm as modified and remand the cause to the trial court with directions to amend the sentencing order to reflect a $900 credit against fines for the 180 days served prior to sentencing.

I. BACKGROUND

In October 2008, the State charged defendant with two counts of aggravated driving under the influence of alcohol (DUI) and three counts of driving on a revoked license, all arising out of an incident that occurred on October 13, 2008 (Adams County case No. 08-CF-516). In December 2008, defendant pleaded guilty to one count of aggravated DUI (625 ILCS 5/11-501(c-1)(2) (West 2006)) in exchange for a sentence of probation and dismissal of the other four charges.

In January 2009, the trial court sentenced defendant to a 30-month term of probation, 270 days of periodic imprisonment, and a $2,500 fine. The probation sentencing order specifically provided that defendant was given credit for 54 days' time served in custody. Defendant was also given a $5-per-day credit against fines for 53 days, totaling $265. The court also ordered defendant to pay restitution of $269.83 to the Quincy police department.

The record contains the "Request for Restitution" form completed by the Quincy police department requesting restitution in the amount of $269.83 for emergency-response expenses. The itemized description of costs included (1) $106.08 for 2 hours and 26 minutes of an eighth-year officer's time; (2) $78.39 for 1 hour and 57 minutes of a ninth-year officer's time; (3) $38.11 for 1 hour and 43 minutes for "Vehicle hours"; (4) $23.55 for "DUI Restitution Report-1 hour"; and (5) $23.70 for "Supervisor's Report--30 minutes." Defendant neither filed a post-sentencing motion nor an appeal.

In March 2009, the State filed a petition to revoke probation, alleging defendant violated the terms of probation by (1) failing to return to the Adams County jail on February 10, 2009, following his release earlier that day for employment and public-service work and (2) committing the offense of escape (720 ILCS 5/31-6(a) (West 2008)) when he failed to return to the Adams County jail from work release. The State also charged defendant with escape (720 ILCS 5/31-6(a) (West 2006)) in Adams County case No. 09-CF-172.

On July 5, 2009, defendant was located in the State of Washington and taken into custody. In September 2009, defendant admitted one allegation in the petition to revoke probation--that he violated probation by failing to return to the Adams County jail.

On November 9, 2009, the trial court resentenced defendant in the DUI case (Adams County case No. 08-CF-516) to 3 years' imprisonment with credit for 214 days served. The court also stated that "[a]ll that previously was ordered in terms of the mandatory fines and fees remains."

That same day, defendant pleaded guilty to escape in exchange for a two-year sentence (Adams County case No. 09-CF-172). After accepting defendant's guilty plea, the trial court sentenced defendant to two years' imprisonment to be served consecutively to the sentence imposed in the DUI case (Adams County case No. 08-CF-516). The court did not give defendant credit for any days served because he received credit for those days in the DUI case.

On November 9, 2009, the trial court entered one written sentencing order for both cases. In addition to reflecting the sentences of imprisonment imposed in both cases, the judgment order directed defendant to pay "[a]ll prior fines & fees due in 08 CF 516." In addition, the court found defendant was entitled to receive sentence credit for time served in the DUI case for 214 days actually served in custody. The order did not, however, indicate that the court granted defendant the ...


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