NO. 4-09-0360 Filed 3/26/10
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
In re: RAKIM V., a Minor, ) Appeal from
THE PEOPLE OF THE STATE OF ILLINOIS, ) Circuit Court of
Petitioner-Appellee, ) Champaign County
v. ) No. 08JD151
RAKIM V., )
Respondent-Appellant. ) Honorable
) Heidi Ladd,
) Judge Presiding.
_________________________________________________________________
PRESIDING JUSTICE MYERSCOUGH delivered the opinion of
the court:
In February 2009, respondent, Rakim V. (born July 8,
1992), pleaded guilty to one count of aggravated battery (720
ILCS 5/12-4(b)(3) (West 2008)), and the trial court adjudicated
respondent delinquent. In April 2009, the court sentenced him to
an indeterminate sentence in the Illinois Department of Juvenile
Justice (DOJJ) not to exceed five years or the minor's twenty-
first birthday, whichever came first. The court also awarded
respondent 51 days’ sentence credit for time spent in custody.
Respondent appeals, arguing he is entitled to six
additional days’ sentence credit. We affirm as modified and
remand with directions.
I. BACKGROUND
On August 28, 2008, the State filed a petition for
adjudication of wardship, alleging that on March 20, 2008,
respondent, then 15 years old, committed the offense of resisting
a peace officer, a Class A misdemeanor (720 ILCS 5/31-1(a) (West
2006)) (count I).
On October 15, 2008, the State filed a supplemental
wardship petition, alleging that on September 10, 2008, respon-
dent committed the offense of resisting a peace officer, a Class
A misdemeanor (720 ILCS 5/31-1(a) (West 2006)) (count II).
On October 27, 2008, the State filed another supplemen-
tal wardship petition, alleging that on October 13, 2008, respon-
dent committed aggravated battery, a Class 3 felony (720 ILCS
5/12-4(b)(3) (West 2008)) (count III).
On January 12, 2009, the State again filed a supplemen-
tal petition for wardship, alleging that on January 9, 2009,
respondent committed aggravated battery, a Class 3 felony (720
ILCS 5/12-4(b)(8) (West 2008)) (count IV), and mob action, a
Class 4 felony (720 ILCS 5/25-1(a)(1) (West 2008)) (count V).
On February 5, 2009, respondent pleaded guilty to
aggravated battery (count III). In exchange for his guilty plea,
the State agreed to dismiss counts I, II, IV, and V in its
petition. The trial court accepted respondent’s plea and dis-
missed the remaining counts. The court adjudicated respondent
delinquent and set a sentencing date of April 1, 2009. Respon-
dent was released into his mother’s custody pursuant to a pre-
trial conditions order. Under the terms of that order, respon-
dent was, inter alia, not to violate any laws.
On March 9, 2009, however, respondent was taken into
custody for possession with intent to deliver (cannabis) (720
ILCS 550/5(c) (West 2008)) (case No. 09-JD-57). Respondent
- 2 -
remained in custody until his April 1, 2009, sentencing hearing.
On April 1, 2009, the trial court sentenced respondent
as stated and awarded him 51 days’ sentence credit. The court
also granted the State’s motion to withdraw and dismiss its
petition in case No. 09-JD-57.
On April 14, 2009, respondent filed a motion to recon-
sider sentence, which the trial court denied.
This appeal followed.
II. ANALYSIS
On appeal, respondent argues he is entitled to six
additional days’ sentence credit. Specifically, respondent
contends he is entitled to the following additional sentence
credit: one day for March 20, 2008; one day for May 26, 2008; one
day for September 13, 2008; one day for October 13, 2008; and two
days for April 1, 2009, and April 2, 2009.
The State argues respondent is entitled to only one
additional day of credit. Specifically, the State concedes
respondent should be credited one additional day for October 13,
2008, i.e., the day respondent was taken into custody on the
offense for which he was sentenced.
A. Standard of Review
A trial court is statutorily mandated to give a minor
credit for his predisposition detention. 705 ILCS 405/5-
710(1)(a)(v) (West 2008); In re J.T., 221 Ill. 2d 338, 353, 851
N.E.2d 1, 10 (2006). We review the application of a statute de
novo. People v. Evans, 391 Ill. App. 3d 470, 472, 907 N.E.2d
- 3 -
935, 937 (2009).
B. Sentence Credit
A juvenile who is committed to DOJJ for an indetermi-
nate term with the maximum not to exceed the period an adult
would serve for the same offense is entitled to predisposition
credit for the time he was incarcerated. J.T., 221 Ill. 2d at
353, 851 N.E.2d at 10. A juvenile should receive credit against
his sentence for any part of a day for which he spent some time
in custody. See People v. Compton, 193 Ill. App. 3d 896, 903-04,
550 N.E.2d 640, 645 (1990). However, "a defendant will not be
credited for the day of sentencing in which he is remanded to the
Department of Corrections [(DOC)]." People v. Foreman, 361 Ill.
App. 3d 136, 157, 836 N.E.2d 750, 768 (2005). The same rule
applies to juveniles remanded to DOJJ.
1. Calculation of Awarded Sentence Credit
In this case, the trial court awarded respondent 51
days’ sentence credit. While the court did not break down the
specific days awarded, the record shows respondent was awarded 28
days for time served in pretrial detention from January 9, 2009,
through February 5, 2009, and 23 days for his presentence deten-
tion from March 9, 2009, to, but not including, April 1, 2009,
the day the court sentenced and remanded him to the custody of
DOJJ.
Section 5-705(3) of the Juvenile Court Act of 1987
(Juvenile Act) permits a minor’s release from detention prior to
sentencing to allow time to prepare a social investigation report
- 4 -
or to gather other evidence relevant to sentencing. See 705 ILCS
405/5-705(3) (West 2008). In such an event, the minor’s release
from detention is "subject to supervision by the court during the
period of the continuance." 705 ILCS 405/5-705(3) (West 2008).
In this case, respondent was released into the custody
of his mother subject to the terms of the February 5, 2009,
pretrial conditions order. Respondent violated that order when
he was arrested on March 9, 2009, for possession of cannabis.
Respondent was returned to detention on March 9, 2009, and
remained in custody until his April 1, 2009, sentencing hearing,
for a total of 23 days’ presentence detention.
2. October 13, 2008
The State concedes respondent is entitled to one day of
additional sentence credit for October 13, 2008, because that was
the day he was taken into custody for the aggravated-battery
offense for which he was sentenced. We accept the State’s
concession and agree.
Section 5-710 of the Juvenile Act provides "[t]he minor
shall be given credit on the sentencing order of detention for
time spent in detention *** as a result of the offense for which
the sentencing order was imposed." 705 ILCS 405/5-710(1)(a)(v)
(West 2008).
In this case, the record shows respondent was arrested
on October 13, 2008, for the aggravated battery of a dean at his
high school. Respondent was in the dean’s office for leaving
class and refusing to go back. Respondent became uncooperative
- 5 -
and forcefully pushed his shoulder into the dean’s chest while
exiting the dean’s office. On February 5, 2009, respondent
pleaded guilty to that aggravated-battery offense, and on April
1, 2009, the trial court sentenced respondent for that offense.
However, the record does not show respondent received sentence
credit for the day he was taken into custody on that offense. As
a result, respondent is entitled to one additional day of credit
for time spent in custody on October 13, 2008.
3. Three Days’ Credit
Respondent also requests sentence credit for the three
days he spent in custody as a result of the following offenses:
resisting a peace officer on March 20, 2008 (one day); battery on
May 26, 2008 (one day); and resisting a peace officer on Septem-
ber 10, 2008 (one day).
The State argues those offenses are unrelated to the
October 13, 2008, aggravated battery of a high school dean--the
offense for which he was sentenced. As a result, the State
maintains respondent is not entitled to credit for those days.
As stated, respondent should be credited for time spent
in detention as a result of the offense for which the sentencing
order was imposed. 705 ILCS 405/5-710(1)(a)(v) (West 2008).
In this case, however, the October 13, 2008,
aggravated-battery offense for which respondent was sentenced is
not related in any way to the three offenses cited by respondent.
On March 20, 2008, police were investigating a scene
after a large fight occurred. During the investigation, police
- 6 -
attempted to question respondent, who tried to walk away from the
officers. When they attempted to detain respondent, he resisted
them. Respondent was taken into custody for resisting a peace
officer.
On May 26, 2008, respondent was taken into custody for
battery after police observed him and another individual fighting
with a third person. Respondent was not charged with an offense.
On September 10, 2008, police were investigating
allegations that respondent threatened to shoot another student.
During the investigation, respondent attempted to leave after
being told he was not free to do so. Respondent was charged with
resisting a peace officer.
Here, the three offenses for which respondent spent the
corresponding three days in custody are unrelated to the October
13, 2008, offense for which respondent was sentenced. As a
result, respondent is not entitled to sentence credit for those
three days against his sentence for aggravated battery. See 705
ILCS 405/5-710(1)(a)(v) (West 2008).
4. April 1, 2009, and April 2, 2009
Finally, respondent requests two additional days’
sentence credit for the two days he spent in custody following
the April 1, 2009, oral pronouncement of his sentence, but prior
to his April 3, 2009, transportation to DOJJ. In respondent’s
reply brief, respondent concedes he is not entitled to credit for
April 3, 2009, the day of transfer, but that he is entitled to
credit for the sentencing date and the day between sentencing and
- 7 -
transfer into DOJJ custody. We agree.
As previously stated "a defendant will not be credited
for the day of sentencing in which he is remanded to [DOC]."
Foreman, 361 Ill. App. 3d at 157, 836 N.E.2d at 768. However,
section 5-8-7(a) of the Unified Code of Corrections provides that
"[a] sentence of imprisonment shall commence on the date on which
the offender is received by [DOC] or the institution at which the
sentence is to be served." (Emphasis added.) 730 ILCS 5/5-8-
7(a) (West 2008). The same rule applies to juveniles received by
DOJJ.
On April 1, 2009, the trial court sentenced respondent
and "remanded [him] to the custody of [c]ourt [s]ervices for
transport to [DOJJ]." However, the "Warrant for Commitment,"
filed April 7, 2009, shows he was not delivered into DOJJ custody
until April 3, 2009. Likewise, the April 7, 2009, docket entry
shows the following: "[r]eceived [w]arrant for [respondent] 04-
03-09."
In this case, the record shows respondent was not
transported to DOJJ the same day as sentencing. Instead, he was
transported two days later, on April 3, 2009. As a result, we
find respondent should receive credit for the two days--April 1,
2009, and April 2, 2009--he spent in custody prior to his April
3, 2009, transfer into DOJJ custody.
III. CONCLUSION
For the reasons stated, we affirm respondent's sentence
as modified. We remand with directions to modify the sentencing
- 8 -
judgment to reflect three additional days’ sentence credit
against respondent’s sentence for aggravated battery.
Affirmed as modified and remanded with directions.
KNECHT and APPLETON, JJ., concur.
- 9 -