THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JONATHON ANDINO-ACOSTA, Defendant-Appellant.
No. 2-23-0463
Appellate Court of Illinois, Second District
January 25, 2024
2024 IL App (2d) 230463
JUSTICE
Appeal from the Circuit Court of Lake County. No. 23-CF-2038. Honorable Theodore S. Potkonjak, Judge, Presiding.
OPINION
I. INTRODUCTION
¶ 1 Defendant, Jonathon Andino-Acosta, appeals an order of the circuit court of Lake County granting the State‘s motion to detain him in accordance with
II. BACKGROUND
¶ 2 Defendant was charged by complaint with aggravated domestic battery, interfering with the reporting of domestic violence, resisting a peace officer, and domestic battery. The State filed a petition to detain defendant. The trial court held a hearing, and the State made a proffer that on October 14, 2023, police responded to the victim‘s residence. The victim was “in the street, crying and trying to catch her breath.” The victim reported that she was
¶ 3 A pretrial services assessment was performed. It revealed no adult criminal convictions. Defendant did, however, have a pending DUI charge.
¶ 4 Following argument, the trial court granted the State‘s petition. It explained:
“Well, the Court heard the proffer by the State. The Court heard-it‘s not simple domestic. It‘s a domestic with allegations of strangulation which does ramp it up to a degree, to a different degree with violence and, it‘s in front of the children and you know what? O.P.‘s are not bullet proof. My orders are not bullet proof. But he‘s made the threats. He‘s on bond for D.U.I.
* * *
He has this incident with alcohol as part of it, and the Court looks at the entirety. Does the Court feel comfortable there are less restrictive way [sic] of keeping her safe with the children given the fact this is a semi standoff situation? The Court does not feel that way. So based on clear and convincing evidence the Court does feel proof is evident and presumption great the defendant committed the offense and no conditions or combination of conditions can be present to protect the victim or her children. Therefore, this Court going [sic] to grant the petition to detain.”
The trial court‘s written findings provided “[t]hat the proof is evident or the presumption great that the defendant has committed an offense listed in [section 110-6.1(a) of the Act (
III. ANALYSIS
¶ 5 On appeal, defendant raises two issues. First, he contends that the trial court‘s written findings are not sufficiently detailed to comply with
¶ 6 We review a trial court‘s decision to detain a defendant using a two-part standard of review. We apply the manifest-weight standard to the trial court‘s factual determinations, including whether any conditions of release could adequately mitigate the risk defendant‘s release would present to the community. People v. Trottier, 2023 IL App (2d) 230317, ¶ 13. A finding is contrary to the manifest weight of the evidence only if an opposite conclusion to the trial court‘s is clearly apparent. In re Jose A., 2018 IL App (2d) 180170, ¶ 17. The ultimate decision of whether a defendant should be detained is reviewed for an abuse of discretion. Trottier, 2023 IL App (2d) 230317, ¶ 13. An abuse of discretion occurs only if no reasonable person could agree with the trial court. People v. Williams, 2022 IL App (2d) 200455, ¶ 52. Questions of law and the construction of statutes are reviewed de novo. People v. Swan, 2023 IL App (5th) 230766, ¶ 16.
1. The Trial Court‘s Findings
¶ 7 Defendant first contends that the trial court did not make adequate written findings as required by the statute and asks that we reverse the detention order and remand for a new hearing. As always, our primary goal in construing a statute is to give effect to the intent of the legislature, and the best evidence of that intent is the plain language of the statute. Swan, 2023 IL App (5th) 230766, ¶ 17. We presume the legislature did not intend to create absurd, inconvenient, or unjust results. In re D.F., 208 Ill. 2d 223, 229 (2003).
¶ 8
“The court shall, in any order for detention:
(1) make a written finding summarizing the court‘s reasons for concluding that the defendant should be denied pretrial release, including why less restrictive conditions would not avoid a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case, or prevent the defendant‘s willful flight from prosecution.”
¶ 9 Admittedly, the trial court‘s written findings in this matter are conclusory. The trial court relied on the preprinted findings “[t]hat no condition or combination of conditions can mitigate the real and present threat to the safety of any person,” and “that less restrictive conditions would not assure safety to the community.” While the plain language of
¶ 10 In re Madison H., 215 Ill. 2d 364 (2005), is illustrative. In that case, our supreme court addressed another statute that directed a trial court to “put[] in writing the factual basis supporting the determination of whether” the parents or guardian of a minor are unfit or unable or unwilling to care for the minor. See
“Explicit oral findings stated during a dispositional hearing advise the parties of the basis for the removal of the minor and, once transcribed, provide an equal opportunity to review the validity of the findings on appeal as well as written findings contained in an order.” Madison H., 215 Ill. 2d at 374-75.
While the
¶ 11 In relation to the Pretrial Fairness Act, several courts have contemplated a trial court‘s written findings being supplemented by its oral pronouncements. In People v. Stock, 2023 IL App (1st) 231753, ¶ 20, after noting the inadequacy of the trial court‘s written findings, the reviewing court, prior to holding the trial court‘s ultimate findings lacking, noted that its oral findings were also inadequate. Similarly, in People v. Peralta, 2023 IL App (1st) 231897-U, ¶ 13, the reviewing court, after finding that the trial court failed to comply with
¶ 12 People v. Odehnal, 2024 IL App (5th) 230877-U, reversed a detention order based, at least in part, upon deficiencies in the written order. However, Justice Boie, in a well-reasoned dissent, described “extremely detailed, fact specific findings” made orally by the trial court and argued that “the trial court‘s written order, taken in conjunction with the specific findings stated on the record, was sufficient to properly comply with section 110-6.1(h)(1).” (Emphasis added.) Odehnal, 2024 IL App (5th) 230877-U, ¶ 23 (Boie, J., dissenting). Discussing Madison H., Justice Boie stated: “Although the supreme court in In re Madison H. was construing a different statute, I do not believe there are considerations that would lead to a different result in the construction of the writing requirement here.” Id. ¶ 22. He concluded that allowing oral findings to supplement written ones “does nothing to impede the defendant in his detention hearing or an appeal therefrom, and thus the defendant would suffer no prejudice by this construction.” Id.
¶ 13 As the supreme court examined the statute at issue in Madison H., 215 Ill. 2d at 373-74, we likewise observe that the Pretrial Fairness Act‘s purpose is to effectuate the goal of utilizing pretrial release by nonmonetary means to reasonably ensure an eligible person‘s appearance in court, the safety of the community, and compliance with the law and with pretrial conditions, while authorizing the court, upon motion of the prosecutor, to detain when it finds by clear and convincing evidence that no condition or combination of conditions can reasonably ensure those goals. (
¶ 14 In Illinois, all persons charged with an offense are eligible for pretrial release.
¶ 15 Examining the Act as a whole, it is clear that the Act‘s requirement in
¶ 16 We turn now to the issue of whether the trial court‘s oral findings in this case satisfied the standard of an explicit and individualized ruling, and we find that they did. Although brief, the court‘s ruling efficiently displayed an analysis of the factors concerning the determination of dangerousness, in accord with
¶ 17 The court considered the nature and circumstances of the offense in accordance with
¶ 18 The oral ruling was explicit and individualized and, read together with its written findings, was sufficient to apprise
2. Manifest Weight Of The Evidence
¶ 19 Defendant next contends that the State failed to prove that there were no conditions of release that could mitigate the risk of his release.
¶ 20 As discussed, in support of its finding that no conditions would adequately mitigate the risk defendant presented, the trial court first noted the nature of the charged offense, particularly that it involved strangulation. Moreover, the offense took place in the presence of defendant‘s children, allowing an inference that defendant has difficulty controlling himself. This is further indicated by defendant‘s refusal to comply with orders of the police to come out of the residence, which required the police to force the door open. When they finally did so, defendant resisted their attempts to take him into custody. All of this shows disrespect toward the law, as does the fact that these events took place while defendant had DUI charges pending. The trial court acknowledged that its orders are not “bullet proof.” Based on the evidence, the trial court could reasonably infer that an order of protection and conditions of release would be insufficient.
¶ 21 Defendant contends that SCRAM monitoring would adequately mitigate the risk his release would present (or that the State failed to prove that it would not). SCRAM monitoring is the use of a transdermal monitoring device that detects the presence of alcohol in the wearer‘s sweat. What Is The SCRAM CAM Bracelet And How Does It Work, https://www.scramsystems.com/scram-blog/what-is-scram-cam-bracelet-how-does-it-work/ (last visited Jan. 24, 2024). Like other types of monitoring, its ability to prevent harm is dependent on the ability of the police to intervene once a violation of the conditions of release is detected; thus, it is not a panacea. Given the violence in this case, it is not unreasonable to conclude that monitoring alone would be insufficient to ensure the victim‘s well-being.
¶ 22 We cannot conclude that an opposite conclusion to the trial court‘s that defendant should be detained is clearly apparent. As such, the trial court‘s decision is not contrary to the manifest weight of the evidence, nor was the decision to detain an abuse of discretion.
IV. CONCLUSION
¶ 23 In light of the foregoing, the order of the circuit court of Lake County granting
¶ 24 Affirmed.