People v. Butler
983 N.E.2d 564
Ill. App. Ct.2013Background
- Butler pled guilty to unlawful delivery of a controlled substance and was sentenced to five years in the DOC with two years of mandatory supervised release.
- He received credit for time served from November 23, 2010, to March 3, 2011, and was assessed $291 in costs and fees, including a $30 Children’s Advocacy Center (CAC) fee.
- No postjudgment motion was filed following sentencing.
- Butler filed a pro se postconviction petition on May 9, 2011 challenging the MSR admonition but the petition was dismissed at the first stage.
- The sole issue on appeal concerns whether Butler is entitled to a $5-a-day credit against the $30 CAC fee under 110-14 of the Code.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| entitlement to per diem credit against CAC fee under 110-14 | Butler seeks $5/day credit against CAC fee for presentence incarceration. | State says issue is non-cognizable under the Act and should be treated as a mittimus correction. | But credit is cognizable and must be granted; mittimus corrected to reflect $30 credit. |
Key Cases Cited
- People v. Caballero, 228 Ill. 2d 79 (2008) (monetary credit under 110-14 may be raised at any stage, including on appeal in postconviction proceedings)
- People v. Jones, 223 Ill. 2d 569 (2006) (interprets 110-14 as a fine for credit purposes if not compensating state costs)
- People v. Mimes, 2011 IL App (1st) 082747 (2011) (supports treating CAC fee as a fine for credit purposes)