People v. Clark
15 N.E.3d 539
Ill. App. Ct.2014Background
- Steffon L. Clark entered a negotiated global plea on March 7, 2012 resolving multiple Macon County cases; several sentences were ordered to run consecutively.
- Sentences: case 399 (DUI) — 5 years with credit for Mar. 12, 2011 and Mar. 21–22, 2012; case 681 (possession with intent) — 2 years, no credit given; case 1453 — 3 years with one day credit (Oct. 9, 2011); case 11 — 2 years with two days credit (Dec. 6–7, 2011); case 1148 was dismissed under the plea agreement (defendant had spent two days in custody on that charge).
- Clark filed a joint pro se postconviction petition asserting ineffective assistance and other claims; the trial court dismissed it at the first stage as frivolous or patently without merit.
- On appeal from the dismissal Clark raised only claims for additional presentence custody credit: (1) one extra day in case 681 (arrest day); and (2) two days spent in custody on dismissed case 1148 to be credited in other cases.
- The appellate court reviewed credit claims de novo and consolidated the four appeals.
Issues
| Issue | State's Argument | Clark's Argument | Held |
|---|---|---|---|
| Whether Clark is entitled to one day presentence credit in case 681 for the day of arrest | Clark provided no authority; State argued no credit without showing custody under statute | Clark argued arrest day constituted custody under 730 ILCS 5/5-4.5-100(b) | Forfeited: Clark failed to brief authorities; court declined to reach merits and rejected claim |
| Whether Clark may credit two days spent in custody on dismissed case 1148 against sentences in other cases | Statute applies only where custody was on a former charge; 1148 was subsequent so no credit | Clark relied on People v. Cook and argued dismissed-charge custody should be credited to other convictions | Denied: court adopted Justice Pope’s view from Cook dissent — §5-4.5-100(c) credits custody for former charges only, not time on a subsequent, dismissed charge |
Key Cases Cited
- People v. Jones, 211 Ill. 2d 140 (supreme court) (generally bars raising new issues on postconviction appeal)
- People v. Roberson, 212 Ill. 2d 430 (supreme court) (sentence contrary to statute is void and may be challenged anytime)
- People v. Beachem, 229 Ill. 2d 237 (supreme court) (term "in custody" is ambiguous for credit statutes)
- People v. Johnson, 401 Ill. App. 3d 678 (appellate court) (de novo review for presentence credit)
- People v. Peterson, 372 Ill. App. 3d 1010 (appellate court) (any part of a day in custody merits credit)
- People v. Cook, 392 Ill. App. 3d 147 (appellate court) (discusses §5-8-7(c) credit; majority awarded credit but includes a notable dissent)
- People v. Revell, 372 Ill. App. 3d 981 (appellate court) (awarded credit for custody on an earlier, replaced charge)