PEOPLE v. McNAIR

No. 3-00-0515.

759 N.E.2d 584 (2001)

325 Ill. App.3d 725

259 Ill.Dec. 804

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Elvis McNAIR, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 6, 2001.


Attorney(s) appearing for the Case

Verlin R. Meinz, Office of the State Appellate Defender, Ottawa, for Elvis McNair.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, Dawn D. Duffy, State's Attorneys Appellate Prosecutor, Ottawa, for the People.


Justice SLATER delivered the opinion of the court:

The defendant, Elvis McNair, was convicted of child pornography (720 ILCS 5/11-20.1 (West 2000)). He was sentenced to a four-year term of imprisonment and ordered to pay a $2,000 fine. On appeal, the defendant argues that he is entitled to a $270 credit toward his fine to reflect 54 days of pre-sentence credit. In response, the State argues that the defendant is not entitled to credit for 52 of his 54 days of pre...

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