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People v. Duke

Case Date: 05/28/1999
Court: 4th District Appellate
Docket No: 4-98-0897

People v. Duke, No. 4-98-0897

4th District, 28 May 1999



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff,

v.

TERRY S. DUKE,

Defendant,

and

TERRY S. DUKE,

Plaintiff-Appellee,

v.

ODIE WASHINGTON, Director of the Illinois Department of Corrections,

Defendant-Appellant.

 Appeal from Circuit Court of Livingston County

No. 93CF173

Honorable Harold J. Frobish, Judge Presiding.

JUSTICE STEIGMANN delivered the opinion of the court:

This case requires us to determine whether a prison inmate serving consecutive sentences for a Class X felony conviction and some other, non-Class X felony is eligible for enhanced good-time credit against that portion of his sentence attributable to the non-Class X conviction (730 ILCS 5/3-6-3(a)(4) (West 1992)). We hold such an inmate is not eligible for enhanced good-time credit against any part of his aggregate sentence.

In April 1996, plaintiff, Terry S. Duke, brought this action pro se against defendant, Odie Washington, the Director of the Department of Corrections (Director), seeking to establish his eligibility for enhanced good-time credit pursuant to section 3-6-3(a)(4) of the Unified Code of Corrections (Code) (730 ILCS 5/3-6-3(a)(4) (West 1992)). Duke was serving a 35-year sentence for a 1984 rape conviction, a Class X felony (Ill. Rev. Stat. 1983, ch. 38, par. 11-1), consecutively with a 2