In re Dave L.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2017 IL App (1st) 170152
Decision Date: 
Thursday, June 15, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
McBRIDE

Respondent, then age 17, was charged in petition for adjudication of wardship with aggravated unlawful use of a weapon (AUUW) based on possession of handgun without FOID card and his age. Based on Respondent’s previous adjudications of delinquency for armed robbery and AUUW, and that his current offense of AUUW was a Class 2 felony, State filed notice of intent to prosecute respondent as a violent juvenile offender (VJO) pursuant to section 5-820 of Juvenile Court Adt. Respondent was sentenced to mandatory incarceration at Department of Juvenile Justice until age 21.The VJO statute does not violate the proportionate penalties clause of Illinois Constitution.(ELLIS and HOWSE, concurring.)