PEOPLE v. CABALLERO

No. 104216.

885 N.E.2d 1044 (2008)

228 Ill.2d 79

The PEOPLE of the State of Illinois, Appellant, v. Eduardo CABALLERO, Appellee.

Supreme Court of Illinois.

Rehearing Denied March 24, 2008.


Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, Joseph E. Birkett, State's Attorney, Wheaton (Michael A. Scodro, Solicitor General, Michael M. Glick, Erica Seyburn, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz, Mary Beth Burns, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

Thomas A. Lilien, Deputy Defender, Jaime L. Montgomery, Assistant Appellate Defender, Office of the State Appellate Defender, Elgin, for appellee.


OPINION

Justice KARMEIER delivered the judgment of the court, with 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...

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