Supreme Court of Illinois

In a conviction for aggravated possession of a stolen motor vehicle where the defendant was mistakenly sentenced to two years of probation when he should have been sentenced as a Class X offender due to prior convictions, judgement that the circuit court should consider time spent on probation while awaiting resentencing when determining the new sentence is reversed where no statute permits credit for time spent on a void probation.

Appellate Information

• Decided 12/13/2007
• Published 12/13/2007

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Michael A. Scodro, Solicitor General, Michael M. Glick, Leah C. Myers, Assistant Attorneys General, all of Chicago, and James E. Fitzgerald, Annette Collins, Katherine Linehan, Ashley Romito and Veronica Calderon Malavia, Assistant State's Attorneys, of counsel), for the People.


• For Appellees:
  
• Michael J. Pelletier, Deputy Defender, Jonathan Krieger, Assistant Appellate Defender, Office of the State Appellate Defender, Chicago, for appellee.