People v. Johnson

Erick N. Johnson appeals the trial court’s order denying his motion to amend the mittimus to reflect additional days of credit for time spent in custody prior to his conviction of criminal damage to property (720 ILCS 5/21 — 1(a) (West 2006)). The State contends that Johnson is not entitled to additional credit, under People v. Nicholson, 213 Ill. App. 3d 765, 768 (1991), but in light of more recent authority from our supreme court in People v. Robinson, 172 Ill. 2d 452, 462-63 (1996), we do not apply Nicholson and we modify the mittimus to give Johnson 53 days of credit instead of the 29…