In re Deshawn G.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2015 IL App (1st) 143316
Decision Date: 
Wednesday, September 9, 2015
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
FITZGERALD SMITH
After jury trial, Respondent was adjudicated to be a violent juvenile offender (VJO) and sentenced to Department of Juvenile Justice until age 21, pursuant to mandatory sentencing provision of Juvenile Court Act which applies upon a minor's second finding of delinquency for an offense that, in an adult case, would have been a Class 2 or greater felony involving use or threat of physical force or violence, or which involves a firearm. Under the one-act, one-crime rule, Respondent should be adjudicated delinquent under a single count of AUUW statute. Possessing a firearm while under age 21 is more serious offense, and thus adjudication under that count remains, and adjudication under count for no FOID card count is vacated. VJO mandatory sentencing provision does not violate 8th amendment of U.S. Constitution nor proportionate penalties clause of Illinois Constitution.(HOWSE and COBBS, concurring.)