Docket No. 109361.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v.
MICHAEL WILLIAMS, Appellant.
Opinion filed January 21, 2011.
JUSTICE GARMAN delivered the judgment of the court, with
Chief Justice Kilbride and Justices Freeman, Thomas, Karmeier,
Burke, and Theis concurred in the judgment and opinion.
We are presented with the narrow question of whether the day of
a defendant’s commitment to the Department of Corrections should
be counted by the circuit court in its calculation of presentence credit
or counted by the Department as the first day of sentence. For the
reasons discussed below, we affirm and hold that the date of the
mittimus is the first day of sentence and a defendant should therefore
not be credited with that day as presentencing credit by the circuit