People v. Daily
2016 IL App (4th) 150588
| Ill. App. Ct. | 2017Background
- On Dec. 10, 2010, while on furlough from a prior burglary sentence, Devin Daily (defendant) stole a truck, crashed into a car, and the car’s driver died. He was hospitalized and then taken to Coles County jail on Dec. 12, 2011.
- The State filed multiple charges (aggravated DUI, theft, driving while license revoked, drug possession/paraphernalia, unlawful possession of a converted motor vehicle, etc.); additional counts were filed in Sept. 2013.
- Pursuant to a plea agreement, Daily pleaded guilty to aggravated DUI (625 ILCS 5/11-501(d)(1)(F)) and unlawful possession of a converted motor vehicle; other counts were dismissed.
- The trial court found Daily subject to Class X sentencing under the habitual-offender provision (730 ILCS 5/5-4.5-95(b)) and sentenced him to concurrent terms of 24 years (DUI) and 14 years (converted motor vehicle). A written mittimus was entered Dec. 30, 2013.
- On appeal Daily challenged (1) that the 24-year sentence exceeded the DUI statutory range, (2) entitlement to presentence credit (claimed 750+ days), (3) $5-per-day credit against fines, and (4) several fines/assessments imposed by the circuit clerk as void.
Issues
| Issue | State's Argument | Daily's Argument | Held |
|---|---|---|---|
| Whether Class X sentencing applied to aggravated DUI (statutory sentencing range) | Habitual-offender statute applies to Class 2 felonies; therefore Class X range (6–30 yrs) governs | Vehicle Code sets a specific 3–14 yr range for aggravated DUI resulting in death, precluding Class X application | Court: Class X applies; 24-yr sentence falls within proper range |
| Entitlement to presentence custody credit (Dec. 12, 2011–Dec. 30, 2013) | Daily not in custody on these charges until court held him without bond on Sept. 27, 2013; credit limited accordingly | Daily was in custody from hospital transfer (Dec. 12, 2011) and thus entitled to full claimed credit | Court: only credit from Sept. 27, 2013 to Dec. 29, 2013 (94 days); remand for amended mittimus |
| $5-per-day credit against fines (per 725 ILCS 5/110-14(a)) | Conceded that if credit days apply, Daily is entitled to per-day credit | Seeks $5/day credit for days in custody on bailable offense | Court: State concedes; Daily entitled to $470 credit against eligible fines (94 days × $5) |
| Validity of fines/assessments imposed by circuit clerk (several listed sums) | Some assessments are fees the clerk may impose; others are fines and thus void if clerk imposed them | Challenges multiple clerk-imposed assessments as void and requests vacatur | Court: Vacated clerk-imposed fines ($95 fine, $50 court, $10 medical costs, $30 lump-sum surcharge, $10 child advocacy fee, $8 State Police ops); $2 SA automation fee upheld as a fee imposed properly by clerk |
Key Cases Cited
- People v. Mathews, 304 Ill. App. 3d 514 (discussion of aggravated DUI statutory range and argument precluding extended/extended-term sentencing)
- People v. McCormick, 339 Ill. App. 3d 641 (holding aggravated DUI not exempt from extended/habitual sentencing; harmonizing Vehicle Code with extended-term statutes)
- People v. Robinson, 172 Ill. 2d 452 (rule that simultaneous custody on unrelated charges can entitle defendant to credit on both)
- People v. Williams, 239 Ill. 2d 503 (mittimus day counts as a day of sentence but should not be double-counted for presentence custody credit)
- People v. Castleberry, 2015 IL 116916 (abolishing void-sentence rule; discussed in context of appellate relief but does not permit remand to increase sentence on appeal)
- People ex rel. Glasgow v. Carlson, 2016 IL 120544 (supreme court application of Class X sentencing to aggravated DUI)