Defendant’s Petition for Nunc Pro Tunc is Denied

In People v. Bolton, the defendant pleaded guilty to armed robbery with a firearm and was sentenced to 21 years for armed robbery and 12 years for possession of a weapon. The sentences were to run concurrently meaning he would only have to serve out the longer of the two sentences. The court also awarded him 318 days of credit toward his sentence while he was awaiting trial. The defendant filed a pro se (meaning he represented himself) motion for additional credit toward his sentence under the doctrine of nunc pro tunc which is a Latin phrase meaning now for then. He cited section 3 of the County Jail Good Behavior Allowance Act and argued that he was entitled to another 318 days of credit toward his sentence. The circuit court denied the motion and only allotted the defendant 318 days of credit toward his sentence finding that the defendant had been given the appropriate amount of time. The defendant appealed the decision.

The defendant’s appeal fell through and was denied by the 5th Circuit Court of Appeals.

Nunc pro tunc orders: How they work 

In criminal court, a nunc pro tunc order is used to “backdate” a court order. It’s used when a judge gives an order but omits it from the written record. To fix this error, the judge will renew the order back to the original date. In the case mentioned above, the defendant filed the nunc pro tunc petition against the trial court related to his sentencing. In this case, the nunc pro tunc motion did not concern a correction to conform the record of any decision previously reached by the court. Therefore, a nunc pro tunc order providing the defendant with additional sentencing credit would be considered improper by the court.

The defendant hoped that the judge would backdate his decision to only allow the defendant 318 days of credit toward his sentence. He hoped to use the County Jail Good Behavior Allowance Act to reduce his sentence by another 318 days.

Can I get day-for-day credit on my jail sentence? 

The term “day-for-day” refers to a situation where an inmate gets one day off of their sentence for every day they serve in county jail. Before 1998, inmates could get time off of their sentence for good behavior, participating in prison programs, and doing what they should do while incarcerated. However, in 1998, the state passed the Truth in Sentencing Act which reduced the amount of time a prisoner could get off from their sentence. The purpose of the Truth in Sentencing Act was to reduce the amount of time that prisoners could get off for good behavior. Today, those convicted of felony crimes are not entitled to day-for-day credits, but can be awarded some credit based on the County Jail Good Behavior Allowance Act.

Talk to a Champaign, IL Criminal Defense Attorney Today 

Patel Law, PC represents the interests of those charged with serious crimes in the state of Illinois. Call our Champaign criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.

Source:

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