No. 3--00--0515

_________________________________________________________________

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

THE PEOPLE OF THE STATE 		)	Appeal from the Circuit Court

OF ILLINOIS,				)    of the 10th Judicial Circuit

						)	Peoria County, Illinois

	Plaintiff-Appellee,		)

						)	

		    v.			)	No. 00-CF-176

						)	

ELVIS MCNAIR,				)	Honorable

						)	Donald Courson,

	Defendant-Appellant.	)	Judge Presiding.

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	JUSTICE SLATER delivered the opinion of the court:

_________________________________________________________________

	The defendant, Elvis McNair, was convicted of child

pornography (720 ILCS 5/11--20.1  (West 2000)).  He was sentenced

to a four-year term of imprisonment and ordered to pay a $2,000

fine.  On appeal, the defendant argues that he is entitled to a

$270 credit toward his fine to reflect 54 days of pre-sentence

credit.  In response, the State argues that the defendant is not

entitled to credit for 52 of his 54 days of pre-sentence custody

because his offense became "non-bailable" upon conviction.  We

remand this cause for a $270 credit to be applied. 

	The defendant was arrested on February 16, 2000.  He was

released on bond the next day.  He remained on bond until the

jury returned its guilty verdict on May 3, 2000.  The State then moved to revoke the defendant’s bond.  After a hearing, the court

found that the defendant had failed to show by clear and

convincing evidence that he posed no danger to anyone. Therefore,

the court revoked the defendant’s bond.  He was sentenced on

June 23, 2000. 

	On appeal, the defendant argues that he is entitled to a

credit of $270 against the fine imposed on him since, by law, he

may claim a $5-a-day credit for each of the 54 days of pre-

sentence custody.  See 725 ILCS 5/110--14 (West 2000).  In

response, the State notes that the defendant was subject to a

minimum four-year term of imprisonment because of a prior Class 2

felony conviction.  See 730 ILCS 5/5--5--3(c)(2)(F) (West 2000). 

Therefore, it argues, when the defendant was convicted of child

pornography that offense became non-probationable, and therefore,

non-bailable.  

	Illinois law provides that any person incarcerated on a

bailable offense who does not supply bail and against whom a fine

is levied upon conviction shall be allowed a $5-a-day credit for

each day incarcerated.  725 ILCS 5/110--14 (West 2000).  Section

110--14 does not make a distinction between defendants who are

financially unable to post bond and those who are denied the

opportunity to post bond by the trial court.  People v. Raya, 250 Ill. App. 3d 795, 621 N.E.2d 222 (1993).  The statute also does

not prohibit the award of credit for the time between a jury

verdict and sentencing.  Raya, 250 Ill. App. 3d 795, 621 N.E.2d 222.

	The defendant is entitled to credit toward his fine for 54

days of pre-sentence custody.  The State cites no authority for the proposition that an offense becomes "non-bailable" once a

defendant is convicted of an offense for which probation is not

available.  Further, this court has rejected a similar argument in the past.  See People v. Raya, 250 Ill.  App. 3d 795, 621 N.E.2d 222 (1993) (court rejected contention that once a

defendant’s bond is revoked after a guilty verdict he is no

longer incarcerated on a bailable offense).  Therefore, we remand

this cause for the trial court to award the defendant a $270

credit toward his fine to reflect 54 days of pre-sentence

custody.

	The judgment of the circuit court of Peoria County is

remanded.

	Remanded.

	HOMER, P.J., and LYTTON, J., concur.