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PEOPLE v. O'NEILL

No. 2-05-0701.

854 N.E.2d 1154 (2006)

305 Ill.Dec. 244

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Sandra L. O'NEILL, Defendant-Appellant.

Appellate Court of Illinois, Second District.

August 28, 2006.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, and Barbara R. Paschen (Court-appointed), Office of the State Appellate Defender, Elgin, for Sandra L. O'Neill.

Michael J. Waller, Lake County State's Attorney, Waukegan, Martin P. Moltz, Deputy Director, Diane L. Campbell, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Justice BOWMAN delivered the opinion of the court:

Sandra O'Neill appeals her sentence imposing a fine for operating a watercraft while under the influence of alcohol. She contends that she is entitled to a $10 credit against her fine, for two days that she was in custody. Because the credit may be raised for the first time on appeal and the State concedes that O'Neill was entitled to the credit, we modify the sentencing order.

O'Neill was arrested on August...

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