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PEOPLE v. MONTIEL

No. 2-04-1041.

851 N.E.2d 725 (2006)

The PEOPLE of The State of Illinois, Plaintiff-Appellee, v. Gonzalo MONTIEL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 1, 2006.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, and Darren E. Miller (Court-appointed), Office of the State Appellate Defender, Elgin, for Gonzalo Montiel.

John A. Barsanti, Kane County State's Attorney, St. Charles, Martin P. Moltz, Deputy Director, Joan M. Kripke, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

The defendant, Gonzalo Montiel, appeals from his sentence for unlawful delivery of 1 to 15 grams of cocaine (720 ILCS 570/401(c)(2) (West 2002)). He contends only that he is entitled to a credit of $5 a day against his fine for two days he spent incarcerated before his sentencing. We agree. However, because any fine the court imposed on him was less than the statutory minimum assessment of $2,000 under section...

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