People v. Moore

The State and the defendant agree that defendant is entitled to one additional day’s credit on his sentence. It is clear a mistake was made by the trial court in determining the proper credit. The parties agree it was a mistake. The credit should be given. The majority is saying go back and file a section 2 — 1401 motion. See 735 ILCS 5/2—1401 (West 1994). Is this judicial economy?

The defendant’s claim is rejected on the basis that the claim has been waived. Waiver is the intentional relinquishment of a known right. Why would a defendant ever knowingly give up a day of credit?

Donnelly, Curtis…