People v. Matzker

450 N.E.2d 395, 115 Ill. App. 3d 70, 70 Ill. Dec. 922, 1983 Ill. App. LEXIS 1847
CourtAppellate Court of Illinois
DecidedMay 11, 1983
Docket81-614
StatusPublished
Cited by6 cases

This text of 450 N.E.2d 395 (People v. Matzker) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Matzker, 450 N.E.2d 395, 115 Ill. App. 3d 70, 70 Ill. Dec. 922, 1983 Ill. App. LEXIS 1847 (Ill. Ct. App. 1983).

Opinion

JUSTICE KASSERMAN

delivered the opinion of the court:

The record in the instant appeal indicates that defendant, a resident of the honor farm at Menard Correctional Center, walked away with two other residents on August 10, 1980. A memorandum from Ron Umbdenstock, captain in charge of internal affairs at Menard, to Jim Buch, assistant warden, recited that defendant was apprehended in St. Louis, Missouri, on March 11, 1981, and was held in the St. Louis County jail on a fugitive warrant until April 1, 1981, when he was released on bond; the St. Louis court received the Missouri governor’s extradition warrant on May 21, 1981; when defendant appeared before that court on May 28, 1981, he was arrested and jailed; and defendant was returned to Menard on June 11, 1981, upon his release from a hospital.

Subsequently, defendant was convicted of escape and sentenced to 12 years’ imprisonment, to be served consecutively to the term defendant was serving for burglary when he escaped. The trial court refused to credit defendant upon the escape sentence for time served in St. Louis County, stating that defendant was entitled to no credit because all of his custody in St. Louis County was a result of the burglary conviction. Defendant appeals, contending that he was entitled to credit for time served in St. Louis County prior to his return to Illinois.

Defendant relies on the plain language of the credit-for-time-served statute, which provides that the offender shall be given credit for “time spent in custody as a result of the offense for which the sentence was imposed.” (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 8— 7(b).) However, section 5 — 8—4(g) of the Unified Code of Corrections provides that a sentence for escape “shall be served consecutive to the terms under which the offender is held by the Department of Corrections.” (Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 8—4(g).) In the instant case, defendant was returned to Menard to complete his burglary sentence, which he was serving when he escaped. If defendant were to be given credit against his escape sentence for the time he served in Missouri, he would, in effect, be serving part of his escape sentence prior to completion of his burglary sentence, rather than consecutively to it as required by section 5 — 8—4(g). It appears, therefore, that section 5 — 8—7(b) and section 5 — 8—4(g) cannot both apply to the instant facts.

Since it may be argued that both sections apply to the instant facts and our legislature’s intent as to which section should apply is not readily apparent from the express language of those sections, we turn to the maxims of statutory construction. One well-established principle is that a specific statutory provision controls as against the general provision on the same subject. (People ex rel. Siekmann v. Pennsylvania R.R. Co. (1944), 385 Ill. 350, 356, 52 N.E.2d 796, 798-99.) Since section 5 — 8—7(b) applies to any offense, while section 5 — 8—4(g) applies only to the offense of escape, we conclude that section 5 — 8—4(g) rather than section 5 — 8—7(b) applies to the facts of this case. Therefore, the trial court did not err in denying credit against defendant’s escape sentence for the time defendant was incarcerated in St. Louis County.

We find our conclusion in this regard to be in accord with authority in those jurisdictions with statutes similar to ours on the subjects of credit for time served and consecutive sentencing for escape. In People v. Bachman (1973), 50 Mich. App. 682, 213 N.W.2d 800, the court concluded that the Michigan statute which provided that a sentence for escape not commence until the sentence pending at the time of the escape was completed constituted an exception to Michigan’s statute requiring credit to be given for time served for all offenses. In Gasque v. State (1980), 45 Md. App. 471, 413 A.2d 1351, the court relied upon Bachman in reasoning that the Maryland escape consecutive-sentencing statute controlled the Maryland credit-for-time-served statute. In Danforth v. State (Fla. App. 1975), 316 So. 2d 304, also relied upon by the Gasque court, the court held that the Florida consecutive-sentencing statute for the offense of escape constituted an overriding exception to the Florida credit-for-time-served statute.

We note parenthetically that our analysis of the instant issue is not dependent upon whether defendant’s Missouri arrest was nominally for escape. The Missouri governor’s warrant does not appear of record; however, the record does include copies of an information filed August 18, 1980, in the circuit court of Randolph County, Illinois, and an Illinois arrest warrant, issued August 28, 1980. Both recite a charge of escape against defendant. Based on those documents, we assume without deciding that the fugitive warrant also was based on the charge of escape. Regardless of the wording of the extradition warrant, it does not affect our conclusion that the legislature did not intend that a defendant be given credit on his consecutive sentence for escape where a prior sentence being served at the time of the escape has not been completed.

Defendant suggests that it is somehow significant that the State failed to show that defendant had been credited, against his burglary sentence, for the time served in St. Louis County. Assuming that defendant should have received credit against his burglary sentence, we do not perceive the record’s silence on the subject as requiring the presumption that defendant received no credit on the burglary sentence. In any event, it was defendant’s escape conviction and sentence, not computation of the burglary sentence, which was before the trial court and is now before this court.

Next, defendant contends that the 12-year sentence for escape was excessive. Defendant urges that the court failed to consider that “there were substantial grounds tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense.” Ill. Rev. Stat. 1981, ch. 38, par. 1005 — 5—3.1(a)(4).

At trial, defendant presented evidence tending to show that he left the honor farm because he needed medical treatment for an injured nose and a lump on his chest. An honor farm dormitory officer testified that defendant had mentioned the lump to him. Defendant’s mother testified that she saw defendant at Menard on the day of his escape; that his nose was broken and stopped up; and that she told him to see a doctor about the chest lump because cancer runs in the family. Defendant testified that he was attacked while in St. Clair County jail in March of 1980; that he lost some teeth, his eye was darkened, and his nose was smashed to the side so that he could not breathe through it; also, that he was frightened by the chest lump, which did not hurt but was the size of a half-dollar. Defendant testified that he received no medical treatment at Menard other than observation and stated: “It was worrying me to death ***. I had an uncle die of cancer and my mother got it and here I got a knot.” Defendant testified that when he left Menard he went to St. Louis City Hospital but was frightened away by the police officers present.

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Cite This Page — Counsel Stack

Bluebook (online)
450 N.E.2d 395, 115 Ill. App. 3d 70, 70 Ill. Dec. 922, 1983 Ill. App. LEXIS 1847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matzker-illappct-1983.