From Casetext: Smarter Legal Research

People v. Toolate

Appellate Court of Illinois, Fourth District. Judgment affirmed
Aug 17, 1995
654 N.E.2d 605 (Ill. App. Ct. 1995)

Summary

In People v. Toolate, 274 Ill. App.3d 408, 654 N.E.2d 605 (1995), defendant sought the credit but had not requested it at sentencing.

Summary of this case from People v. Bowen

Opinion

No. 4-94-0381

Opinion filed August 17, 1995.

Appeal from the Circuit Court of Adams County; the Hon. David K. Slocum, Judge, presiding.

Daniel D. Yuhas and Michele A. Knapp, both of State Appellate Defender's Office, of Springfield, for appellant.

Scott H. Walden, State's Attorney, of Quincy (Norbert J. Goetten and Robert J. Biderman, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Following a jury trial conducted in the circuit court of Adams County, defendant Gary W. Toolate was found guilty of unlawful possession of a weapon by a felon and unlawful possession of firearm ammunition by a felon. (Ill. Rev. Stat. 1991, ch. 38, par. 24-1.1(a).) Defendant was sentenced to 30 months' probation. The conditions of his probation included (1) serving 90 days' periodic imprisonment in the Adams County jail, after receiving credit for one day previously served; (2) performing 100 hours' public service work; and (3) paying a $600 fine.

On appeal, the only issue is whether defendant is entitled to a $5 credit against his fine for time served (one day) in jail prior to trial. ( 725 ILCS 5/110-14 (West Supp. 1993).) In previous cases, the defendant's failure to seek the credit at the trial level did not preclude the raising of the issue on appeal where there was no indication that the circuit clerk informed the defendant of his entitlement to the credit. ( People v. Sinnott (1992), 226 Ill. App.3d 923, 935, 590 N.E.2d 502, 510.) In this case, defendant was tried in February 1994 and was sentenced on March 30, 1994. Effective January 1, 1994, the statute upon which defendant relies was amended to delete language requiring the circuit clerk to provide defendant with notice of his eligibility for such credit at the time of his conviction. (Pub. Act 88-287, eff. January 1, 1994 (1993 Ill. Laws 2472, 2474), amending 725 ILCS 5/110-14 (West 1992).) Since the circuit clerk no longer has the affirmative duty to notify the defendant, the normal rules regarding waiver of an issue on appeal also apply to this issue. Defendant failed to raise this issue in the trial court at the sentencing hearing or in a post-trial motion. The issue is waived for purposes of appeal. See People v. Smith (1991), 209 Ill. App.3d 1043, 1050, 568 N.E.2d 482, 486.

The judgment of the circuit court of Adams County is affirmed.

Affirmed.

COOK and STEIGMANN, JJ., concur.


Summaries of

People v. Toolate

Appellate Court of Illinois, Fourth District. Judgment affirmed
Aug 17, 1995
654 N.E.2d 605 (Ill. App. Ct. 1995)

In People v. Toolate, 274 Ill. App.3d 408, 654 N.E.2d 605 (1995), defendant sought the credit but had not requested it at sentencing.

Summary of this case from People v. Bowen

In Toolate, the Appellate Court, Fourth District, held that, in light of the January 1, 1994, amendment eliminating the circuit clerk's duty to notify defendants of the credit, normal rules of waiver should apply to this issue.

Summary of this case from People v. Miller

In Toolate, the Appellate Court, Fourth District, held that, in light of the January 1, 1994, amendment eliminating the circuit clerk's duty to notify defendants of the credit, normal rules of waiver should apply to this issue.

Summary of this case from People v. Siedlinski

In Toolate, the Fourth District of the Appellate Court found that the defendant had waived his request for a $5 credit for serving one day of pretrial custody.

Summary of this case from People v. Scott
Case details for

People v. Toolate

Case Details

Full title:THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY W…

Court:Appellate Court of Illinois, Fourth District. Judgment affirmed

Date published: Aug 17, 1995

Citations

654 N.E.2d 605 (Ill. App. Ct. 1995)
654 N.E.2d 605

Citing Cases

People v. Woodard

The State maintained that defendant had waived the credit by failing to apply for it. The appellate court…

People v. Siedlinski

However, effective January 1, 1994, this notification requirement was deleted from section 110-14. See People…