People v. Kelly

In June 2003, at a trial in absentia, a jury convicted defendant, Samuel Kelly, of unlawful possession of cannabis (more than 30, but less than 500, grams), a Class 4 felony (720 ILCS 550/4(d) (West 2002)). The trial court later sentenced him, again in absentia, to five years in prison. Upon defendant’s motion, the court found defendant was entitled to a new sentencing hearing because he was in custody in another county at the time of his initial sentencing hearing. At the rehearing, the court sentenced defendant to 4 years in prison with credit for 63 days for time served. The court…