§ 6.2 Court Action

• Library: Illinois DUI and Traffic-Related Decisions (2016 Ed.)

§ 6.2 Court Action

§ 6.2-1 Appeal

§ 6.2-1(a) Inadequate Record to Review Sentencing Credit

People v. Durham, 391 Ill. App. 3d 1100, 915 N.E.2d 40, 333 Ill. Dec. 519 (4th Dist. 2009). After a bench trial, defendant was convicted of leaving the scene of a property damage accident without notifying the owner and failing to reduce speed to avoid an accident. Defendant received a sentence of two years supervision and some fines and costs. On appeal the defendant requested the appellate court to send the matter back to the trial level to determine how much credit he was entitled for his pre-trial incarceration so he could receive a credit of $5 for each day he was in custody.

The appellate court denied the request that the matter be sent back to the circuit court and affirmed the sentence. The burden to present a sufficient record was on the defendant and while it may be true that at some point defendant was in custody, the record presented was not clear as to how long. The appellate court regarded the claim that defendant made to receive...