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.
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
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 ...