In re Dionte J.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 110700
Decision Date: 
June 21, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
GORDON
Holding: 
Affirmed.
(Court opinion corrected 6/21/13.) Minor, age 14, was charged in juvenile court for felony murder, with predicate felony of mob action, in beating death of 16-year-old boy. Court properly designated case as Extended Jurisdiction Juvenile Prosecution (EJJP), after considering all factors listed in EJJP statute, including seriousness of offense which is one of two most important factors. Court properly denied proposed instruction for misdemeanor battery; mental state of predicate felony is not to be considered. Felony murder charge and its predicate felony of mob action were based on separate acts, as Defendant used a wooden board to swing at someone other than victim, then punched victim in face, then chased other victims. EJJP statute is not unconstitutionally vague and does not violate due process. (LAMPKIN and HALL, concurring.)