{
  "id": 1172338,
  "name": "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAYMOND S. SCOTT, Defendant-Appellant",
  "name_abbreviation": "People v. Scott",
  "decision_date": "1996-01-25",
  "docket_number": "No. 3-94-0586",
  "first_page": "565",
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      "cite": "274 Ill. App. 3d 408",
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  "last_updated": "2023-07-14T16:03:41.906832+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [],
    "parties": [
      "THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RAYMOND S. SCOTT, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "JUSTICE LYTTON\ndelivered the opinion of the court:\nThe defendant, Raymond Scott, was convicted of unlawful delivery of cocaine and unlawful delivery of a look-alike substance. (720 ILCS 570/401, 404 (West 1994).) He was sentenced to a four-year term of imprisonment on the cocaine charge and a concurrent two-year term on the look-alike charge. He was also fined $1,000.\nOn appeal, the defendant argues that he is entitled to a $215 credit against his fine for the 43 days he spent in pretrial custody. (725 ILCS 5/110 \u2014 14 (West 1994).) The State argues that the defendant waived this issue by failing to raise it at trial. (134 Ill. 2d R. 615(a); see generally Agostinelli, Waiver \u2014 The Rule & Its Consequences, 6 App. L. Rev. 29-39 (Fall 1995).) The State cites People v. Toolate (1995), 274 Ill. App. 3d 408, 654 N.E.2d 605, in support of its argument. In Toolate, the Fourth District of the Appellate Court found that the defendant had waived his request for a $5 credit for serving one day of pretrial custody. The court noted that it had previously found against waiver where the circuit clerk had failed to inform the defendant of the availability of the credit. When the legislature deleted the requirement that the circuit clerk inform the defendant of the credit (Pub. Act 88 \u2014 287, eff. January 1, 1994 (1993 Ill. Laws 2472, 2474), amending 725 ILCS 5/110 \u2014 14 (West 1992)), the fourth district applied the waiver rule and denied the defendant the credit.\nWe disagree with the reasoning in Toolate and decline to apply it. This court has consistently granted defendants the credit. (See, e.g., People v. Mills (1993), 239 Ill. App. 3d 997, 607 N.E.2d 608.) We find no reason to change our position. The defendant has a clear statutory right to the credit, and we are reluctant to find a waiver of that right. (See also People v. Woodard (1995), 276 Ill. App. 3d 242, 248.) Granting the credit is a simple ministerial act that will promote judicial economy by ending any further proceedings over the matter. Accordingly, the defendant is allowed the $215 credit. 134 Ill. 2d R. 615(a).\n(The discussion of the remaining issue is not to be published pursuant to Supreme Court Rule 23 (166 Ill. 2d R. 23).)\nThe defendant\u2019s fine is reduced by $215. The judgment is otherwise affirmed.\nAffirmed as modified.\nHOLDRIDGE, P.J., and SLATER, J\u201e concur.",
        "type": "majority",
        "author": "JUSTICE LYTTON"
      }
    ],
    "attorneys": [
      "Joseph N. Ehmann, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.",
      "Joseph Navarro, State\u2019s Attorney, of Ottawa (John X. Breslin, 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. RAYMOND S. SCOTT, Defendant-Appellant.\nThird District\nNo. 3\u201494\u20140586\nOpinion filed January 25, 1996.\nJoseph N. Ehmann, of State Appellate Defender\u2019s Office, of Ottawa, for appellant.\nJoseph Navarro, State\u2019s Attorney, of Ottawa (John X. Breslin, of State\u2019s Attorneys Appellate Prosecutor\u2019s Office, of counsel), for the People."
  },
  "file_name": "0565-01",
  "first_page_order": 583,
  "last_page_order": 585
}