People v. Taylor

              1
NOTICE
Decision filed 04/07/08. The text of
this dec ision may be changed or
corrected prior to the filing of a
Petition for Rehea ring or the
disposition of the same.
NO. 5-06-0514
IN THE
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Fayette County.
)
v. ) No. 06-CF-20
)
ROBERT C. TAYLOR, ) Honorable
) S. Gene Schwarm,
Defendant-Appellant. ) Judge, presiding.
________________________________________________________________________
JUSTICE GOLDENHERSH delivered the opinion of the court:
After a jury trial in the circuit court of Fayette County, defendant, Robert C. Taylor,
was found guilty of domestic battery in violation of section 12-3.2(a)(1) of the Criminal Code
of 1961 (Criminal Code) (720 ILCS 5/12-3.2(a)(1) (West 2004)). He was sentenced to 60
days in the county jail, with credit for 5 days served, fined a total of $500 plus court costs,
ordered to obtain an alcohol substance-abuse evaluation and comply with any recommended
terms, and ordered to pay a $10-per-month probation fee. On appeal, defendant raises the
following issues: (1) whether the State proved defendant guilty of domestic battery beyond
a reasonable doubt and (2) whether defendant is entitled to a credit of $5 per day toward the
fine he was assessed for time he spent in custody prior to sentencing. We affirm in part and
remand.
BACKGROUND
On December 16, 2005, Officer Todd Emerick of the Vandalia police department
responded to a 9-1-1 call at defendant's house. Defendant told Officer Emerick that Lisha
Clary broke into his house and attacked him. After interviewing the parties and witnesses,