People v. Caballero

Justices Fitzgerald, Kilbride, and Garman concurred in the judgment and opinion.

Chief Justice Thomas dissented, with opinion, joined by Justices Freeman and Burke.

OPINION

The issues presented by this appeal are: (1) whether a reviewing court may grant the per diem monetary credit conferred by section 110 — 14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/110 — 14 (West 2002)) to a defendant who first applies for it on appeal from the dismissal of his postconviction petition; and (2) whether a defendant may receive the per diem monetary credit conferred by section 110 — 14 for the time…