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. Montalvo

Court of Appeals of Illinois, Second District

September 23, 2016

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
JOSHUA A. MONTALVO, Defendant-Appellant.

         Appeal from the Circuit Court of Winnebago County. Nos. 08-CF-4518 ll-CF-2688 Honorable John R. Truitt, Judge, Presiding.

          JUSTICE ZENOFF delivered the judgment of the court, with opinion. Justices Burke and Birkett concurred in the judgment and opinion.

          OPINION

          ZENOFF, JUSTICE.

         ¶ 1 Defendant, Joshua A. Montalvo, appeals from the judgment of the circuit court of Winnebago County, contending that the trial court should have awarded him 39 days of sentence credit for his participation as a pretrial detainee in an anger management program. Because defendant was entitled to six days' credit, we modify the mittimus and otherwise affirm the judgment.

         ¶ 2 I. BACKGROUND

         ¶ 3 Defendant was charged with one count of burglary (720 ILCS 5/19-1(a) (West 2008)) and one count of retail theft (720 ILCS 5/16A-3(a) (West 2008)) (No. 08-CF-4518). Defendant pled guilty to burglary and was placed on probation. While on probation he was charged with one count of aggravated robbery (720 ILCS 5/18-5(a) (West 2010)) and one count of robbery (720 ILCS 5/18-1(a) (West 2010)) (No. 11-CF-2688).

         ¶ 4 On May 13, 2013, defendant pled guilty in No. 11-CF-2688 to aggravated robbery and admitted in No. 08-CF-4518 to violating his probation. The trial court sentenced defendant to concurrent seven-year terms of imprisonment, with credit for time served of 571 days in No. 08-CF-4518 and 444 days in No. 11-CF-2688. The court ruled that any sentence credit for defendant's participation in any programs while a pretrial detainee was to be determined by the Department of Corrections (DOC). Defendant did not appeal.

         ¶ 5 On February 3, 2014, defendant requested that the trial court correct the mittimus in both cases to reflect sentence credit for an anger management program that he completed while a pretrial detainee. In support of that motion, defendant submitted a letter signed by Linda Limberg, the jail programs supervisor, which stated that defendant had successfully completed an anger management program. According to Limberg's letter, the program required attendance one day per week for two hours and ran from "July 24, 2012 [sic] *** through October 29, 2013."

         ¶ 6 The trial court entered a new judgment, nunc pro tunc to May 13, 2013. The new judgment referred to an attached certificate showing that defendant had completed an anger management program that "reflect[ed] 24 hours completed (12 sessions at 2 hours each) to be considered for possible good time credit per [DOC] policy."

         ¶ 7 In March 2014, defendant filed a pro se motion, seeking that credit for time served of 571 days be applied to his sentence in No. 11-CF-2688. The trial court denied the motion.

         ¶ 8 On August 19, 2014, defendant, through his attorney, filed a motion to amend the mittimus in both cases. The motion sought 571 days' credit in No. 11-CF-2688 and 36 days' credit in both cases for completion of the anger management program.

         ¶ 9 The trial court denied the motion as to the 571 days of credit. However, the court ordered that supporting documents be sent to the DOC to determine whether credit for completion of the anger management program should be granted. Defendant filed a timely appeal in both cases.

         ¶ 10 While this appeal was pending, defendant filed an "emergency" motion, in which he requested that this court remand the matter to the trial court with directions that it calculate the credit to which he is entitled for completion of the anger management program and issue another ...


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.