{
  "id": 5387522,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS C. BENNETT, Defendant-Appellant",
  "name_abbreviation": "People v. Bennett",
  "decision_date": "1993-07-07",
  "docket_number": "No. 3-92-0203",
  "first_page": "550",
  "last_page": "552",
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    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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      "reporter": "N.E.2d",
      "year": 1989,
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      "reporter": "N.E.2d",
      "year": 1992,
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    {
      "cite": "227 Ill. App. 3d 20",
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      "reporter": "Ill. App. 3d",
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      "year": 1992,
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      "cite": "433 N.E.2d 674",
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    {
      "cite": "89 Ill. 2d 469",
      "category": "reporters:state",
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  "analysis": {
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  "last_updated": "2023-07-14T16:15:27.018701+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS C. BENNETT, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE McCUSKEY\ndelivered the opinion of the court:\nThe defendant, Dennis C. Bennett, was tried by a jury and found guilty of two counts of child pornography. He was sentenced to 180 days in jail, four years of probation, a $2,000 fine, a $20 crime victims\u2019 assistance fine, and payment of restitution to the victim for counseling expenses.\nThe sole issue on appeal is whether he is entitled to credit toward the $2,000 fine for the 61 days he spent in custody prior to sentencing.\nThe record shows that Bennett was taken into custody on July 21, 1991. He posted bond and was released on July 22, 1991. On December 11, 1991, Bennett was found guilty, and the court ordered him to be held without bail until sentencing. On February 7, 1992, the court imposed sentence.\nSection 110 \u2014 14 of the Code of Criminal Procedure of 1963 provides:\n\u201cAny person incarcerated on a bailable offense who does not supply bail and against whom a fine is levied on conviction of such offense shall be allowed a credit of $5 for each day so incarcerated upon application of the defendant.\u201d Ill. Rev. Stat. 1991, ch. 38, par. 110-14.\nBennett was in custody on July 21, 1991, and released on bond on July 22, 1991. This counts as two days in custody and $10 credit toward the fine, which the State concedes. The State, however, argues that Bennett is not entitled to credit for the 59 days he spent in custody after being found guilty but prior to being sentenced. The State contends that such credit is improper because Bennett was held without bail and because the incarceration occurred after a guilty finding. We disagree.\nWhere a statute is certain and unambiguous, it must be applied as its plain language dictates. (People v. Robinson (1982), 89 Ill. 2d 469, 433 N.E.2d 674.) Here, the statute provides for the award of fine credit to a defendant who is incarcerated on a \u201cbailable\u201d offense. The statute does not make a distinction between defendants who are financially unable to post bond and those who are denied the opportunity to post bond by the trial court. The statute also does not prohibit the award of credit for the period of incarceration after a guilty finding. Since Bennett was incarcerated on a bailable offense (Ill. Rev. Stat. 1991, ch. 38, par. 110 \u2014 4), we conclude that he is entitled to the disputed credit for the entire 61 days. See People v. Peterson (1992), 227 Ill. App. 3d 20, 590 N.E.2d 935; People v. Goodey (1992), 227 Ill. App. 3d 232, 591 N.E.2d 102; People v. Tinoco (1989), 185 Ill. App. 3d 816, 541 N.E.2d 1198.\nFor the reasons indicated, we reduce Bennett\u2019s $2,000 fine to $1,695. The judgment of the circuit court of Peoria County is affirmed as modified.\nAffirmed as modified.\nSTOUDER and SLATER, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE McCUSKEY"
      }
    ],
    "attorneys": [
      "Edwin J. Anderson, of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.",
      "Kevin W. Lyons, State\u2019s Attorney, of Peoria (John X. Breslin and Robert M. Hansen, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DENNIS C. BENNETT, Defendant-Appellant.\nThird District\nNo. 3-92-0203\nOpinion filed July 7, 1993.\nEdwin J. Anderson, of State Appellate Defender\u2019s Office, of Mount Vernon, for appellant.\nKevin W. Lyons, State\u2019s Attorney, of Peoria (John X. Breslin and Robert M. Hansen, both of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0550-01",
  "first_page_order": 568,
  "last_page_order": 570
}