People v. Daily
2016 IL App (4th) 150588
| Ill. App. Ct. | 2017Background
- Devin M.S. Daily committed DUI-related offenses on December 10, 2010 while on prison furlough; his actions caused a fatality. He was taken from the hospital to jail on December 12, 2011.
- The State charged multiple offenses (initially seven counts filed Dec. 23, 2011; two additional counts filed Sept. 27, 2013). By plea agreement, Daily pleaded guilty to aggravated DUI (resulting in death) and unlawful possession of a converted motor vehicle.
- At plea, the court found Daily eligible for Class X sentencing under the habitual-offender provision (730 ILCS 5/5-4.5-95(b)) based on prior convictions; the State capped its recommendation but the court later imposed concurrent terms of 24 years (DUI) and 14 years (converted vehicle).
- Defense sought presentence credit for time in custody beginning Dec. 12, 2011; court denied, reasoning Daily was serving a separate sentence and not in custody on these charges until Sept. 27, 2013 when he was held without bond.
- The court imposed various monetary assessments; defendant challenged certain clerk-imposed assessments as void and sought per-diem ($5/day) credit for days of incarceration against fines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Class X sentencing applied to aggravated DUI resulting in death | State: habitual-offender statute applies because statutory elements and prior convictions meet 5-4.5-95(b) requirements | Daily: aggravated DUI statutory range (3–14 years) controls and precludes Class X application | Held: Class X applied; 24-year sentence within range (Class X 6–30 years) and harmonious statutory construction (affirmed) |
| Amount of presentence custody credit | State: Daily was not in custody on these charges until Sept. 27, 2013 (no warrant/bond previously) | Daily: entitled to credit from Dec. 12, 2011 (date taken to jail) through Dec. 30, 2013 | Held: credit only from Sept. 27, 2013 to Dec. 29, 2013 = 94 days; remanded for amended mittimus |
| $5-per-day credit against fines (per 725 ILCS 5/110-14(a)) | State: conceded Daily is entitled if sentencing credit awarded | Daily: seeks $5/day for each day in custody on bailable offense, not exceeding fines | Held: State concedes; awarded $5/day × 94 days = $470 credit against eligible fines |
| Validity of fines/assessments imposed by circuit clerk | State: some assessments may be valid fees; requests remand to impose mandatory fines if vacated | Daily: certain clerk-imposed assessments are fines and void because only a judge can impose fines | Held: Vacated clerk-imposed fines ($95; $50 court; $10 medical; $30 lump-sum surcharge; $10 child advocacy; $8 State Police Ops). $2 State's Attorney automation fee upheld as a fee. No remand to reimpose vacated fines on appeal. |
Key Cases Cited
- People v. Mathews, 304 Ill. App. 3d 514 (Fifth Dist. 1999) (interpreted aggravated DUI statutory range as limiting extended-term exposure)
- People v. McCormick, 339 Ill. App. 3d 641 (First Dist. 2003) (held extended/habitual sentencing can apply to Vehicle Code felonies and harmonize statutes)
- People v. Robinson, 172 Ill. 2d 452 (Ill. 1996) (simultaneous custody on unrelated charges can yield presentence credit on both)
- People v. Williams, 239 Ill. 2d 503 (Ill. 2011) (day of issuance of mittimus counts as a day of sentence and should not be double-counted)