People v. Williams

Chief Justice Kilbride and Justices Freeman, Thomas, Karmeier, Burke, and Theis concurred in the judgment and opinion.

OPINION

We are presented with the narrow question of whether the day of a defendant’s commitment to the Department of Corrections should be counted by the circuit court in its calculation of presentence credit or counted by the Department as the first day of sentence. For the reasons discussed below, we affirm and hold that the date of the mittimus is the first day of sentence and a defendant should therefore not be credited with that day as presentencing credit by the circuit…