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. Daily

Court of Appeals of Illinois, Fourth District

February 21, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DEVIN M.S. DAILY, Defendant-Appellant.

          Appeal from Circuit Court of Coles County No. 11CF577 Honorable Mitchell K. Shick, Judge Presiding.

          JUSTICE TURNER delivered the judgment of the court, with opinion. Presiding Justice Knecht and Justice Steigmann concurred in the judgment and opinion.

          OPINION

          TURNER, JUSTICE

         ¶ 1 In December 2011, the State charged defendant, Devin M.S. Daily, by information with one count of aggravated driving under the influence of alcohol (625 ILCS 5/11-501(d)(1)(F) (West 2010)), one count of aggravated driving under the influence of drugs (625 ILCS 5/11-501(d)(1)(F) (West 2010)), one count of aggravated driving under the influence of a combination of alcohol and drugs (625 ILCS 5/11-501(d)(1)(F) (West 2010)), one count of theft (720 ILCS 5/16-1(a)(1)(A) (West 2010) (text of section effective July 1, 2011)), one count of driving while license revoked (625 ILCS 5/6-303(a), (d-3) (West 2010) (text of section effective July 1, 2011)), one count of unlawful possession of drug paraphernalia (720 ILCS 600/3.5(a) (West 2010)), and unlawful possession of cannabis (720 ILCS 550/4(a) (West 2010)). In September 2013, the State filed another count of aggravated driving under the influence (DUI) (625 ILCS 5/11-501(d)(1)(F) (West 2010)) and one count of unlawful possession of a converted motor vehicle (625 ILCS 5/4-103(a)(1) (West 2010)) against defendant. Pursuant to a plea agreement, defendant pleaded guilty to aggravated DUI and unlawful possession of a converted motor vehicle. The Coles County circuit court sentenced defendant to concurrent prison terms of 24 years for DUI and 14 years for unlawful possession of a converted motor vehicle. Defendant filed a motion to reconsider his sentence, which the court denied.

         ¶ 2 Defendant appeals, asserting (1) his 24-year sentence for aggravated DUI was outside the sentencing range, (2) he was entitled to 750 days of sentencing credit, (3) the assessments imposed by the circuit clerk should be vacated, and (4) he is entitled to monetary credit against his fines. We affirm in part, vacate in part, and remand the cause with directions.

         ¶ 3 I. BACKGROUND

         ¶ 4 All of the charges in this case relate to defendant's actions on December 10, 2010, while he was on furlough before beginning a six-year prison term for burglary (People v. Daily, No. 11-CF-425 (Cir. Ct. Coles Co.)). On that date, defendant, who was under the influence of alcohol, stole a truck and later crashed into a car, resulting in the death of the car's driver. On December 12, 2011, defendant was released from the hospital and taken to the Coles County jail. The State filed the initial seven charges against defendant on December 23, 2011. The record on appeal does not contain a warrant for defendant's arrest on the charges in this case. Moreover, the record contains no mention of bond in this case until defendant's guilty plea hearing.

          ¶ 5 On September 27, 2013, the State filed the last two charges of aggravated DUI and unlawful possession of a converted motor vehicle. That same day, the circuit court held defendant's guilty plea hearing. The court found defendant was subject to Class X sentencing under section 5-4.5-95(b) of the Unified Code of Corrections (Unified Code) (730 ILCS 5/5-4.5- 95(b) (West 2010)) based on his prior felony convictions. Pursuant to a plea agreement, defendant pleaded guilty to aggravated DUI and theft, and the State agreed to cap its sentence recommendation at 21 years for aggravated DUI and 7 years for theft and seek the dismissal of the other charges, as well as the charges in Coles County case Nos. 11-DT-228 and 11-DT-338. The court accepted defendant's guilty plea and the terms of the parties' plea agreement. Thereafter, the prosecutor asked for a bond to be set so defendant would be brought back to Coles County upon his release from prison. It was noted defendant had received notice of a bond payment in one of his cases. Defense counsel clarified bond had not been set in this case because defendant was taken directly from the hospital to jail to serve his prison term for burglary. The circuit court ordered defendant "held without bond for purposes of sentencing."

         ¶ 6 At defendant's December 27, 2013, sentencing hearing, the parties noted defendant had pleaded guilty to the wrong count. Instead of the theft charge, defendant was to have pleaded guilty to unlawful possession of a converted motor vehicle. The circuit court vacated defendant's guilty plea to the theft charge, and defendant pleaded guilty to unlawful possession of a converted motor vehicle. At the conclusion of the hearing, the court sentenced defendant to concurrent prison terms of 24 years for aggravated DUI and 14 years for unlawful possession of a converted motor vehicle. The court also ordered defendant to pay $5, 500 in restitution; a $100 Violent Crime Victims Assistance Fund fine; a $5 drug court fee; and a $1000 fee to the Mattoon police department, which is the DUI equipment fine (625 ILCS 5/11-501.01(f) (West 2010)). The court dismissed the remaining counts. Defense counsel asked for 746 days of sentencing credit, which the court denied because defendant was in prison on another conviction during that period. On December 30, 2013, the court issued the written sentencing judgment, which is also referred to as the mittimus.

         ¶ 7 On January 27, 2014, defendant filed a motion to reconsider his sentence, asserting his sentence was excessive and he was not subject to Class X sentencing. After a September 22, 2014, hearing, the circuit court denied defendant's motion. Defendant appealed, and upon the parties' agreed motion, this court remanded the cause for a new proceeding in strict compliance with Illinois Supreme Court Rule 604(d) (eff. Dec. 11, 2014). People v. Daily, No. 4-14-0861 (Feb. 23, 2015) (unpublished summary order under Supreme Court Rule 23(c)).

         ¶ 8 On remand, defendant filed an amended motion to reconsider his sentence, again arguing his sentences were excessive and he was not subject to Class X sentencing. Defense counsel filed a Rule 604(d) certificate. After a July 14, 2015, hearing, the circuit court denied defendant's amended motion to reconsider his sentence.

         ¶ 9 On July 21, 2015, defendant filed a timely notice of appeal, which stated a judgment date of December 27, 2013. On August 7, 2015, defendant filed an amended notice of appeal in compliance with Illinois Supreme Court Rules 606 (eff. Dec. 11, 2014); 303(b)(5) (eff. Jan. 1, 2015). Accordingly, this court has jurisdiction of this appeal under Illinois Supreme Court Rule 604(d) (eff. Dec. 11, 2014).

         ¶ 10 II. ANALYSIS

         ¶ 11 A. ...


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.