People v. Robinson

Procedural entryThis page is a short order in People v. Robinson. Read the opinion of the Court — 172 Ill. 2d 452
Illinois Supreme Court·Decided June 20, 1996·No. 79511·Published

Opinion

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prior to issuance of the mandate by the Clerk of the Court.

Therefore, because the following slip opinion is being made

available prior to the Court's final action in this matter, it

cannot be considered the final decision of the Court. The

official copy of the following opinion will be published by the

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advance sheets following final action by the Court.

                  No. 79511--Agenda 3--January 1996.

   THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANK ROBINSON

                          et al., Appellees.

                     Opinion filed June 20, 1996.

    JUSTICE McMORROW delivered the opinion of the court:

    The question presented in this appeal is whether a defendant

who, while out on bond awaiting trial on one charge, commits

another offense and serves a sentence for it, is "simultaneously in

custody on two charges" and therefore is entitled, under section 5-

-8--7(b) of the Unified Code of Corrections (730 ILCS 5/5--8--7(b)

(West 1992)), to in-custody credit for time served in prison for

the sentences he received on both charges. The first district of

the appellate court answered this question affirmatively. 273 Ill.

App. 3d 1069. We allowed the State's petition for leave to appeal.

155 Ill. 2d R. 315. For the reasons which follow, we affirm the

judgment of the appellate court.

                               Background

    On September 4, 1986, the defendant, Frank Robinson, was

arrested for murder. He remained in custody for 37 days, until

October 10, 1986, when he posted a $25,000 bond and was released.

On January 16, 1988, while out on bond awaiting trial on the murder

charges, defendant was arrested for an unrelated armed robbery and

taken into custody. As a result of the armed robbery, the State

filed a petition to increase defendant's bond on the murder case.

On January 21, 1988, the court increased defendant's bond to

$500,000. Defendant surrendered in exoneration of his previously

posted bond and the proceeds of that bond were returned to his

attorney.

    On April 17, 1991, defendant entered a guilty plea on the

armed robbery charge and was sentenced to a 6½-year term of

imprisonment. Defendant received credit against his armed robbery

sentence for the 1,187 days spent in pretrial custody between

January 16, 1988, and April 17, 1991. Because of this credit, and

additional credit earned for good conduct, defendant had completed

his sentence for armed robbery by no later than June 21, 1991.

Accordingly, on that date, defendant moved to reduce the $500,000

bond on the pending murder charges. On July 24, 1991, defendant's

bond on the murder charges was reduced to $20,000. The following

day defendant posted bond and was released. Defendant spent a total

of 1,282 days in custody from January 21, 1988, when he surrendered

in exoneration of his first bond until July 25, 1991, when he was

released on the new bond.

    On February 26, 1993, the new bond was revoked when defendant

was found guilty of murder and concealment of a homicidal death.

Defendant was sentenced on April 12, 1993, to 22 years'

imprisonment for the murder and two years' imprisonment for the

concealment of a homicidal death. On May 7, 1993, a hearing was

held to determine the amount of sentence credit to which defendant

was entitled for time already spent in custody. During the hearing,

defendant argued that under section 5--8--7(b) of the Unified Code

of Corrections (730 ILCS 5/5--8--7(b) (West 1992)) he was entitled

to receive credit for the entire 1,282 days spent in pretrial

custody between January 21, 1988, and July 25, 1991. Section 5--8--

7(b) provides, in pertinent part, that an offender be given credit

on his sentence          "for time spent in custody as a result of

                        the offense for which the sentence was

                        imposed ***." 730 ILCS 5/5--8--7(b) (West

                        1992).

The circuit court concluded that because the period from January

21, 1988, to April 17, 1991, had been credited towards defendant's

armed robbery sentence, defendant was not entitled to have that

same period of time credited towards his murder sentence. The

circuit court determined, however, that defendant was entitled to

258 days of in-custody credit. Defendant was awarded 37 days'

credit for the time spent in custody from September 4, 1986, the

date of his arrest on the murder charge, to October 10, 1986, the

date when he posted the first bond; 71 days' credit for the time

spent in custody from February 26, 1993, the date that the second

bond was revoked upon conviction, to May 7, 1993, the date of the

hearing to determine sentence credit; and 150 days' credit in

recognition of defendant's good behavior during the trial

proceedings.

    Defendant sought review of the circuit court's decision in the

appellate court, arguing, inter alia, that he was entitled to

sentence credit for the entire 1,282 days between January 21, 1988,

and July 25, 1991. The appellate court agreed that defendant should

be awarded the sentence credit. Relying on the definition of

custody provided by this court in People v. Arnhold, 115 Ill. 2d

379 (1987), the appellate court concluded that when defendant

surrendered in exoneration of the first bond on January 21, 1988,

he was thereafter in simultaneous custody on the armed robbery

charge and the murder charges. Therefore, according to the plain

terms of section 5--8--7(b), he was entitled to credit on the

murder sentence for the 1,282 days spent in custody prior to his

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