2023 IL App (4th) 230087-U
Ill. App. Ct.2023Background:
- Defendant Ryann N. Johnson was charged with multiple offenses and convicted by a jury of aggravated domestic battery for strangling the victim, L.S.; he was acquitted of other counts.
- Victim testified defendant squeezed her neck "extremely hard" until she saw black spots and had difficulty breathing; medical and prior-victim testimony corroborated injuries.
- Defendant had prior felony convictions for domestic-related offenses (including an aggravated domestic battery conviction and a domestic battery conviction involving the same victim) and committed one offense while on probation.
- At sentencing the State urged several statutory aggravating factors (including that the conduct caused serious harm and that defendant held a position of trust); the trial court imposed a 10-year extended-term sentence.
- On appeal defendant argued the court improperly relied on (1) an element inherent in the offense (strangulation/serious harm) and (2) the position-of-trust aggravator; he raised plain-error review after forfeiting by not objecting at sentencing.
- The appellate court held the court permissibly considered the degree of strangulation as aggravation but erred in applying the statutory "position of trust" factor; however, defendant did not show plain error, and the sentence was affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court improperly used an element inherent in the offense as aggravation | State: conduct causing or threatening serious harm is a valid aggravator here | Johnson: court double-enhanced by treating strangulation (an element) as aggravation | Held: No error — court considered degree of harm beyond minimum element (strangulation to near unconsciousness) |
| Whether court improperly applied position-of-trust aggravator and whether error is plain | State: court referenced trust to child/household impact and non-statutory harm to child | Johnson: statutory factor (a)(14) applies only to certain sex offenses and minors; factor was inapplicable | Held: Trial court erred in applying statutory (a)(14) to adult victim, but defendant failed plain-error test (evidence not closely balanced; no second-prong showing); sentence affirmed |
Key Cases Cited
- Saldivar, 113 Ill. 2d 256 (a sentencing court may consider the degree of harm caused as an aggravating factor even when harm is implicit in the offense)
- Hillier, 237 Ill. 2d 539 (preservation rule and narrow scope of plain-error review for sentencing claims)