People v. Smith

── People v. Smith ── Court: Appellate Court of Illinois Date: June 04, 2026 Category: General NOTICE: This order was filed under Illinois Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). 2026 IL App (3d) 250224-U Order filed June 4, 2026 ____________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT 2026 THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of the 18th Judicial Circuit, ) Du Page County, Illinois, Plaintiff-Appellee, ) ) Appeal No. 3-25-0224 v. ) Circuit No. 23-CF-2689 ) SHAWN SMITH, ) Honorable ) Daniel P. Guerin, Defendant-Appellant. ) Judge, Presiding. ____________________________________________________________________________ JUSTICE PETERSON delivered the judgment of the court. Justices Davenport and Bertani concurred in the judgment. ____________________________________________________________________________ ORDER ¶1 Held: (1) The circuit court retained jurisdiction over defendant’s motion for presentence credit under Illinois Supreme Court Rule 472 and (2) defendant was not entitled to representation by counsel for his motion. ¶2 Defendant, Shawn Smith, appeals from the Du Page County circuit court’s denial of his motion for presentence good behavior credit pursuant to Illinois Supreme Court Rule 472 (eff. Feb. 1, 2024). Defendant argues he was entitled to representation by counsel and asks this court to remand for the appointment of counsel and a new hearing. We affirm. ¶3 I. BACKGROUND ¶4 On October 22, 2024, defendant was represented by counsel and entered into a negotiated guilty plea wherein he pleaded guilty to drug-induced homicide (720 ILCS 5/9-3.3(a) (West 2022)) in exchange for the State dismissing other charges and a sentence of 12 years’ imprisonment with presentence custody credit for 746 days and 18 months’ mandatory supervised release. The factual basis provided that Keagan Frasca purchased narcotics from defendant two days before dying from a drug overdose. Defendant admitted to the officers that he sold drugs to Frasca. ¶5 On March 6, 2025, defendant filed a pro se motion for good behavior credit (730 ILCS 130/3.1 (West 2022)), arguing he was entitled to another 746 days of credit against his sentence for good behavior conduct while in the county jail. Defendant asked the court to correct the sentencing order to reflect a total of 1,492 days of presentence custody credit. ¶6 On March 25, 2025, the court held a hearing on defendant’s motion. Defendant was not present nor was counsel appointed and present on his behalf. The court denied the motion, finding the appropriate credit was already provided. This appeal followed. ¶7 II. ANALYSIS ¶8 On appeal, defendant argues this court should remand the matter for the appointment of counsel and a new hearing pursuant to Illinois Supreme Court Rule 472 (eff. Feb. 1, 2024). The