People v. Robinson
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 79511
the filing of the opinion to request a rehearing. Also, opinions are subject to modification, correction or withdrawal at anytime 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 Supreme Court's Reporter of Decisions in the Official Reports 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 6 |