People v. Jones
67 N.E.3d 256
| Ill. | 2016Background
- Derrick Jones was convicted of aggravated robbery (Class 1) in Will County; at sentencing the court imposed an extended-term 24-year sentence based on a prior 2005 juvenile adjudication for multiple offenses including three counts of residential burglary.
- At trial the prior juvenile adjudication was not introduced to the jury; the presentence investigative report (PSI) listed the 2005 juvenile adjudication and dispositions as juvenile probation.
- Jones argued on appeal that using the juvenile adjudication to enhance his sentence violated Apprendi (facts increasing penalty beyond statutory maximum must be alleged and proved beyond a reasonable doubt) and that the PSI was an improper Shepard-type source for proving the prior adjudication.
- The appellate court affirmed; the Illinois Supreme Court granted leave and affirmed, addressing (1) whether a juvenile adjudication counts as a "prior conviction" under Apprendi and Illinois law, and (2) whether the PSI sufficiently established the adjudication consistent with Shepard.
- The majority held a juvenile adjudication falls within Apprendi’s prior-conviction exception and that the PSI here conclusively established the juvenile adjudication; Justice Burke dissented arguing statutory construction and precedent show "conviction" does not include juvenile adjudications.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a prior juvenile delinquency adjudication is a "prior conviction" for Apprendi purposes | State: juvenile adjudications are equivalent to prior convictions for sentencing and fall within Apprendi’s prior-conviction exception | Jones: juvenile adjudications are not equivalent; absence from indictment and lack of jury finding violates Apprendi and 725 ILCS 5/111-3(c-5) | Held: juvenile adjudication counts as a prior conviction under Apprendi; no Apprendi error |
| Whether section 111-3(c-5) requires pleading/proving juvenile adjudication as an aggravating fact | State: statute incorporates Apprendi prior-conviction exception so prior juvenile adjudication need not be pled/proved beyond reasonable doubt | Jones: statutory meaning of "conviction" excludes juvenile adjudications so Apprendi exception doesn’t apply and pleading/proof required | Held: Apprendi/prior-conviction exception applies; statutory construction does not bar treating juvenile adjudication as prior conviction for this purpose |
| Whether the PSI was a permissible source to establish the prior adjudication under Shepard | State: PSI is a statutorily compiled, reliable record of delinquency and may be used to establish prior adjudication | Jones: PSI is too ambiguous/tenuous and parallels unreliable sources condemned in Shepard | Held: PSI here was unequivocal and permissible; reliance did not violate Shepard |
| Procedural default / plain error review: could Jones obtain relief despite not preserving objections | Jones: Apprendi error is reviewable as plain error because it affected substantial rights | State: no error occurred; plain error not met | Held: no error occurred on merits, so plain-error review does not afford relief |
Key Cases Cited
- Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (facts increasing penalty beyond statutory maximum must be submitted to a jury and proved beyond reasonable doubt, except prior convictions)
- Shepard v. United States, 544 U.S. 13 (U.S. 2005) (limits types of documents a sentencing court may consult to establish prior convictions for ACCA purposes)
- Almendarez-Torres v. United States, 523 U.S. 224 (U.S. 1998) (recognized prior-conviction exception to jury-trial/element requirement)
- Jones v. United States, 526 U.S. 227 (U.S. 1999) (distinguishes sentencing factors from elements where increased penalties create distinct offenses)
- McKeiver v. Pennsylvania, 403 U.S. 528 (U.S. 1971) (no constitutional right to jury trial in juvenile adjudicatory proceedings)
- People v. Taylor, 221 Ill. 2d 157 (Ill. 2006) (distinguishes statutory uses of "conviction" from Apprendi prior-conviction question)
- United States v. Smalley, 294 F.3d 1030 (8th Cir. 2002) (holds juvenile adjudications may suffice as "prior convictions" for Apprendi purposes)