People v. Cavazos
2015 IL App (2d) 120171
Ill. App. Ct.2015Background
- Two Cavazos brothers were charged in Kane County for the January 20, 2007 High Street shooting in Aurora that killed Oscar Rodriguez and wounded Claudia Lozano.
- Joshua Cavazos was tried in adult court in 2011 and convicted on two counts of first-degree murder (with personal discharge finding), attempted first-degree murder, unlawful possession of a stolen vehicle, and aggravated discharge of a firearm; sentenced to aggregate 75 years after partial reconsideration.
- Evidence included gang testimony, accomplice witnesses with plea deals, firearm/ballistic evidence, DNA/fingerprint results, and a stolen-vehicle link to the SUV used in the shooting.
- The defense challenged sufficiency of the evidence, the attempted-murder instruction accuracy, and the constitutionality of juvenile prosecution and mandatory firearm enhancements.
- The appellate court affirmed, holding the evidence sufficient and the instruction proper under the circumstances, and rejected the constitutional challenges to juvenile jurisdiction and sentencing.
- The court discussed transferred intent and the doctrine’s applicability, concluding it did not affect the central sufficiency or mens rea findings while noting youth considerations in sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain convictions | Barragan, Hernandez, and others testified to guilt; fingerprints and shell casings corroborate | Witnesses were unreliable; reliance on plea-based testimony taints credibility | Evidence was sufficient to uphold guilt beyond a reasonable doubt |
| Whether the attempted-murder instruction misled the jury | Pattern instruction correctly stated law; no deviation required | Instruction allowed conviction for an unnamed individual, risking error | No plain error; instruction sufficiently conveyed law under the facts |
| Whether there was sufficient evidence of specific intent to kill Lozano | Circumstances showed intent to kill Lozano beyond Rodriguez | Evidence mostly showed intent to kill a rival gang member; no explicit Lozano target | Sufficient evidence supported intent to kill Lozano beyond reasonable doubt |
| Constitutionality of juvenile-prosecution framework and sentencing scheme | Exclusive juvenile jurisdiction and mandatory add-ons violate eighth and due process | Statutory framework remains constitutional and courts may consider youth in sentencing | Constitutionality of juvenile statutes and sentencing framework affirmed; not violated under current precedents |
Key Cases Cited
- Roper v. Simmons, 543 U.S. 551 (U.S. 2005) (juvenile death penalty invalid; youth differences emphasized)
- Graham v. Florida, 560 U.S. 48 (U.S. 2010) (life without parole for nonhomicide crimes unconstitutional for juveniles; consideration of youth required)
- Miller v. Alabama, 132 S. Ct. 2455 (U.S. 2012) (mandatory life-without-parole for juveniles in homicide cases unconstitutional; individualized sentencing required)