In re Justin F.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2016 IL App (1st) 153257
Decision Date: 
Tuesday, June 7, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
NEVILLE

Juvenile Court Act requires court to hear and consider evidence concerning services available to minors committed to Department of Juvenile Justice (DOJJ) and the minor's particular needs before committing a minor to DOJJ. A rational trier of fact could find that, when minor (then age 17) said, "you remember me" while pulling out a gun, the person who was bicycling by 2 young men who were arguing, reasonably feared that the minor would shoot him.  Thus, conviction for aggravated assault is affirmed. Conviction for aggravated unlawful use of a weapon (AUUW) is affirmed, but conviction for unlawful possession of a firearm (UPF) is vacated, under one-act, one-crime rule. (PIERCE and HYMAN, concurring.)