People v. Walton

              NO. 4-05-0873 Filed 10/11/07
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff-Appellee,
v.
TYRONE WILLIAM WALTON,
Defendant-Appellant.
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Appeal from
Circuit Court of
McLean County
No. 04CF368
Honorable
Scott Drazewski,
Judge Presiding.
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PRESIDING JUSTICE STEIGMANN delivered the opinion of
the court:
In June 2005, a jury convicted defendant, Tyrone
William Walton, of predatory criminal sexual assault (720 ILCS
5/12-14.1(a)(1) (West 2002)). The trial court later sentenced
him to 22 years in prison and imposed a $200 sexual-assault fine
and a $25 fine under the Violent Crime Victims Assistance Act
(725 ILCS 240/10(b) (West 2002)). The court also gave defendant
credit for 182 days served in jail prior to sentencing.
Defendant appeals, arguing that (1) he was denied a
fair trial when (a) the State withheld certain evidence related
to deoxyribonucleic acid (DNA), (b) the State withheld certain
evidence that could have been used to impeach the victim, and (c)
the State made improper comments during rebuttal argument; (2) he
is entitled to one additional day of credit against his sentence
for time served; and (3) his $25 fine imposed under the Act (725
ILCS 240/10(b) (West 2002)) should be reduced to $20. Because we
agree only with defendant's last argument, we affirm his convic-