In re Justin F.
2016 IL App (1st) 153257
| Ill. App. Ct. | 2016Background
- In July 2015, then-17-year-old Justin F. was arrested after a victim, Javier Candelaria, testified Justin said "You remember me" while reaching toward his back pocket and beginning to pull out a revolver; police later recovered the gun.
- The State charged Justin with aggravated unlawful use of a weapon (AUUW), unlawful possession of a firearm (UPF), and aggravated assault; the trial court found him delinquent on all counts.
- The social investigation report (SIR) documented prior probation violations, gang involvement (Simon City Royals), psychiatric hospitalizations and diagnoses, substance use, and concluded DoJJ commitment was the only recourse.
- At sentencing the court found intensive probation inappropriate after evaluation and committed Justin to the Department of Juvenile Justice (DoJJ) for an indeterminate term; the court’s written order checked boxes stating DoJJ services would meet Justin’s needs and that reasonable efforts to find less-restrictive alternatives were made.
- Defense counsel objected that the record contained no evidence about what services DoJJ could provide to meet Justin’s individualized needs; the court nonetheless emphasized public safety and denied reconsideration.
- On appeal the court affirmed the aggravated-assault and AUUW convictions, vacated UPF under one-act/one-crime, but vacated the DoJJ commitment and remanded for compliance with statutory sentencing requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Evidence (victim testimony and defendant pulling gun) shows reasonable apprehension | Words alone insufficient absent accompanying action | Affirmed: pulling gun while saying phrase could create reasonable apprehension |
| One-act, one-crime as to AUUW and UPF | State concedes single act of firearm possession supports vacating lesser offense | Justin argued duplicative convictions | Vacated UPF conviction; AUUW affirmed as more serious |
| Compliance with 705 ILCS 405/5-750 before committing to DoJJ | Court properly considered alternatives and individualized factors | Justin argued court failed to consider whether DoJJ services would meet his needs; no evidence about DoJJ services in record | Reversed commitment: trial court must hear/consider evidence about DoJJ services meeting minor’s needs and comply with §5-750 before commitment |
| Credit for days in custody | (Not contested at length on appeal) | Justin claimed miscount of custody days | (Court addressed but primary relief concerned statutory compliance) Commitment vacated and remanded for resentencing |
Key Cases Cited
- In re Gino W., 354 Ill. App. 3d 775 (2005) (standard for sufficiency of evidence in juvenile delinquency findings)
- People v. Floyd, 278 Ill. App. 3d 568 (1996) (words alone typically insufficient for assault; action or condition must accompany words)
- Clark v. United States, 755 A.2d 1026 (D.C. 2000) (context and nonverbal cues can convert words into a threat)
- United States v. Malik, 16 F.3d 45 (2d Cir. 1994) (whether statement is a threat is a fact question for the trier of fact)
- United States v. Fulmer, 108 F.3d 1486 (1st Cir. 1997) (ambiguous language can nonetheless be found a threat based on context)
- People v. Smith, 52 Ill. App. 3d 53 (1977) (case sustaining assault conviction where conduct caused reasonable fear)
- People v. Johnson, 237 Ill. 2d 81 (2010) (one-act, one-crime rule for vacating lesser duplicative conviction)