2022 IL 127894
Ill.2022Background:
- Defendant Jose Castillo, an inmate at Pontiac Correctional Center, threw milk cartons containing feces, urine, and semen at another inmate (John Eilers) on February 9, 2016; a correctional officer (John Thorp) was also struck.
- Castillo was convicted after a bench trial of two counts of aggravated battery: count I (battery on a correctional employee) and count II (battery committed on "public property").
- On appeal Castillo challenged count II, arguing a prison cellblock inaccessible to the public is not "public property" under 720 ILCS 5/12-3.05(c), and alternatively that the State failed to prove ownership of Pontiac.
- The Fourth District affirmed, treating the indictment as alleging Pontiac Correctional Center (the facility) was public property rather than a particular cellblock, and taking judicial notice that Pontiac is state-owned.
- The Illinois Supreme Court granted review and affirmed: it construed "public property" to mean government-owned property (no public-access requirement), overruled People v. Ojeda, and held judicial notice of Pontiac's ownership was proper.
Issues:
| Issue | State's Argument | Castillo's Argument | Held |
|---|---|---|---|
| Whether a prison facility or cellblock qualifies as "public property" under 720 ILCS 5/12-3.05(c) | "Public property" means property owned by the government; no public-access requirement | Property must be both government-owned and accessible to the general public (cellblock inaccessible, so not public) | "Public property" = government-owned property; accessibility not required; Ojeda overruled |
| Whether appellate court erred in taking judicial notice of Pontiac's ownership when State presented no ownership evidence at trial | Ownership of Pontiac is readily verifiable and not subject to reasonable dispute; judicial notice appropriate even of an element | Taking judicial notice usurped State's burden to prove an element; reversal required | Judicial notice of Pontiac's state ownership was appropriate; no abuse of discretion |
Key Cases Cited
- People v. Hill, 409 Ill. App. 3d 451 (Ill. App. Ct. 2011) (construed "public property" as government-owned property; upheld aggravated-battery conviction in jail pod)
- People v. Ojeda, 397 Ill. App. 3d 285 (Ill. App. Ct. 2009) (held "public property" required public accessibility; overruled by this Court)
- United States v. Golden, 843 F.3d 1162 (7th Cir. 2016) (noted obviousness of government ownership of county jail for related offense analysis)
- People v. White, 311 Ill. App. 3d 374 (Ill. App. Ct. 2000) (approving judicial notice of facts even when they are elements of an offense where facts are readily verifiable)
- United States v. Bello, 194 F.3d 18 (1st Cir. 1999) (trial court properly took judicial notice of an element of the offense)
- Broome v. United States, 240 A.3d 35 (D.C. 2020) (appellate court may take judicial notice of a venue/building's status even if element of offense)
- People v. Johnson, 2021 IL 125738 (Ill. 2021) (Illinois courts frequently take judicial notice of public documents, including IDOC records)