In re Raheem M.
2013 IL App (4th) 130585
| Ill. App. Ct. | 2014Background
- In October 2012 the State filed a juvenile petition charging Raheem M. with (1) aggravated battery of a teacher (720 ILCS 5/12-3.05(d)(3)) and (2) disorderly conduct for throwing chairs during a September 10, 2012 Danville High School cafeteria brawl.
- At bench trial, school hall monitors testified chairs were thrown; victim Robert McGuire testified he was struck by chairs and identified Raheem as one who threw a chair that hit him; Raheem admitted throwing a chair but claimed he threw it in response to being struck and did not know it hit McGuire.
- The trial court found Raheem delinquent on both counts, detained him pre-sentencing, and later sentenced him to an indeterminate commitment to the Department of Juvenile Justice (DOJJ).
- On appeal Raheem argued (1) the aggravated-battery charge lacked specificity, (2) insufficient evidence to prove bodily harm/that his chair hit the victim, (3) sentencing errors including failure to comply with Juvenile Court Act §5-750 requirements before DOJJ commitment, and (4) certain clerk-imposed fines were unauthorized.
- The appellate court affirmed the delinquency adjudication (sufficiency of the evidence and charging instrument), vacated the DOJJ commitment and fines, and remanded for a new dispositional hearing because the court had no evidence it considered less-restrictive alternatives as required by 705 ILCS 405/5-750.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Raheem) | Held |
|---|---|---|---|
| Charging specificity of aggravated-battery count | Petition and fact sheet adequately described throwing a chair at school and identified victim as a school employee | Charge failed to specify the manner of battery and thus failed to apprise defense or bar future prosecution | Charge was sufficient on appeal-standard; no prejudice shown; held adequate (affirmed) |
| Sufficiency of evidence for aggravated battery (bodily harm/transfered intent) | Witness McGuire testified he was struck by chairs and identified Raheem as throwing at least one that hit him; bruising suffices as bodily harm | Multiple chairs thrown by different people; State did not prove Raheem’s chair hit McGuire or that harm occurred | Evidence viewed in State's favor was sufficient to prove bodily harm and transferred intent; conviction affirmed |
| Sentencing: failure to comply with Juvenile Court Act §5-750 (consider/attempt less-restrictive alternatives) | Court considered school record and public safety; evidence in social report referenced community resources | No evidence presented of efforts to locate less-restrictive alternatives or evaluations showing such alternatives were tried; statute requires evidence of efforts and reasons alternatives failed | Trial court failed to follow §5-750; error is serious enough to excuse forfeiture under plain-error doctrine; DOJJ commitment vacated and remanded for new dispositional hearing |
| Fines assessed by circuit clerk | Fines are routine clerk assessments | Clerk had no statutory authority to assess certain fees against adjudicated juveniles in delinquency proceedings | State conceded and court vacated the three fines (Youth Diversion, drug court, State Police operations) |
Key Cases Cited
- People v. DiLorenzo, 169 Ill. 2d 318 (Ill. 1996) (standard for appellate review of unchallenged charging instrument: sufficient if it apprised accused of offense with enough specificity to prepare a defense and bar future prosecution)
- People v. Smith, 183 Ill. 2d 425 (Ill. 1998) (defendant’s due process violated when conviction rests on uncharged predicate facts)
- In re M.W., 232 Ill. 2d 408 (Ill. 2009) (forfeiture rules apply in juvenile proceedings; postadjudication preservation principles)
- People v. Conover, 84 Ill. 2d 400 (Ill. 1981) (court may not rely on factors inherent in the offense as aggravating for sentencing)
- People v. Wheeler, 226 Ill. 2d 92 (Ill. 2007) (standard of review for sufficiency of the evidence)
- People v. Dorn, 378 Ill. App. 3d 693 (Ill. App. Ct. 2008) (doctrine of transferred intent applies where defendant’s act causes contact to unintended person)
- People v. Mays, 91 Ill. 2d 251 (Ill. 1982) (definition of bodily harm includes temporary bruises)