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. Coleman

Court of Appeals of Illinois, Fourth District

November 27, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
CASSIAN T. COLEMAN, Defendant-Appellant.

         Appeal from Circuit Court of Macon County No. 06CF448 Honorable Thomas E. Griffith, Judge Presiding.

          JUSTICE APPLETON delivered the judgment of the court, with opinion. Justices Harris and Steigmann concurred in the judgment and opinion.

          OPINION

          APPLETON, JUSTICE

         ¶ 1 Defendant, Cassian T. Coleman, appeals from the trial court's denial of his pro se motion for additional presentence credit. Because he failed to file a timely notice of appeal, we dismiss this appeal for lack of subject-matter jurisdiction, and we deny all pending motions as moot.

         ¶ 2 I. BACKGROUND

         ¶ 3 Originally, defendant was convicted of unlawfully delivering 900 grams or more of a substance containing cocaine, an offense he committed while having a prior conviction of unlawful delivery of a controlled substance (720 ILCS 570/401(a)(2)(D) (West 2006)). The trial court sentenced him to 25 years' imprisonment.

         ¶ 4 On direct appeal, we remanded the case with directions to allow eight additional days of presentence credit, for the period of March 22 to 29, 2006. People v. Coleman, 391 Ill.App.3d 963, 984 (2009).

         ¶ 5 On remand, the trial court awarded defendant the eight additional days of presentence credit.

         ¶ 6 Subsequently, defendant petitioned for postconviction relief. After an evidentiary hearing, the trial court denied his petition. He appealed again. We reversed the conviction and sentence, and we remanded the case with directions to resentence him for a lesser included offense: a violation of section 401(a)(2)(A) of the Illinois Controlled Substances Act (720 ILCS 570/401(a)(2)(A) (West 2006) ("15 grams or more but less than 100 grams")). People v. Coleman, 2015 IL App (4th) 131045, ¶ 1.

         ¶ 7 On April 22, 2015, on remand, the trial court entered an amended sentencing judgment, which resentenced defendant to 21 years' imprisonment for the lesser included offense and which allowed him presentence credit for 3317 days (March 22, 2006, to April 21, 2015).

         ¶ 8 On April 24, 2015, the State moved to amend the sentencing order so as to allow presentence credit for June 27, 2007, onward instead of March 22, 2006, onward.

         ¶ 9 On June 29, 2015, pursuant to the State's motion, the trial court entered a second amended sentencing judgment, which revised the presentence credit to 2923 days (June 27, 2007, to June 28, 2015), as provided in a docket entry for the previous day, June 28, 2015.

         ¶ 10 On August 3, 2016, defendant filed a pro se motion entitled "Motion To Amend and Correct Mittimus." In the motion, he argued he was entitled to additional presentence credit for the 42 days he spent in jail and prison from March 22 to May 2, 2006 (we count 41 days), as well as the 215 days he was on house arrest from May 3 to December 8, 2006 (we count 219 days).

         ¶ 11 On October 14, 2016, the trial court held a hearing on the pro se motion. Defense counsel told the court it appeared to him, from his review of the docket entries in the case, that defendant had received all the presentence credit he was ...


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.