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People v. Campa12/1/2005
home monitoring. The State maintains that a "pre-trial detainee who is released on electronic home monitoring" is not in "custody" for purposes of the speedy-trial statute and the credit-against-sentence provision of the Unified Code of Corrections. The State admits that the "issue of whether or not pre-trial electronic monitoring constitutes `custody' was not raised on appeal" but argues that consideration of the question is warranted.
For several reasons, we will not address the issue on the merits. First, the appellate court's reference to electronic home monitoring was not a part of the holding of the case. The court merely noted, in the background section of its opinion, that the parties did not "dispute that defendant was `in custody' for a period of 15 days while on electronic home monitoring." 353 Ill. App. 3d at 179. Second, in filing its petition for leave to appeal, the State failed to comply with Supreme Court Rules 315 and 341 (177 Ill. 2d R. 315; 188 Ill. 2d R. 341). These rules require that a party raise arguments and provide citation to legal authority or to the record in the petition for leave to appeal. Failure to comply with Rules 315 and 341 results in waiver. People v. Carter, 208 Ill. 2d 309, 318 (2003). Third, whether defendant was in "custody" during the 15-day period of electronic home monitoring is not essential to the resolution of the speedy-trial issue. When we subtract the 15 days from the total time not attributable to defendant, we are left comfortably above the 120-day period of subsection (a) of the speedy-trial statute. As a general rule, a court of review will not decide moot or abstract questions or render advisory opinions. Barth v. Reagan, 139 Ill. 2d 399, 419 (1990). A decision is an advisory opinion if it cannot result in appropriate relief to the prevailing party. In re Barbara H., 183 Ill. 2d 482, 490-91 (1998); Berlin v. Sarah Bush Lincoln Health Center, 179 Ill. 2d 1, 8 (1997). A court of review "also ordinarily will not consider issues where they are not essential to the disposition of the cause or where the result will not be affected regardless of how the issues are decided." Barth, 139 Ill. 2d at 419.
CONCLUSION
For the aforementioned reasons, we affirm the judgment of the appellate court.
Appellate court judgment affirmed.
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