People v. Robinson
State: Illinois
Docket No: 79511
NOTICE: Under Supreme Court Rule 367 a party has 21 days after
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
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