In re: JAVAUN I., a Minor, THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee,
JAVAUN I., Respondent-Appellant
Appeal from Circuit Court of Vermilion County. No. 12JD226. Honorable Claudia S. Anderson, Judge Presiding.
On appeal from a finding that respondent juvenile was guilty of home invasion, attempted aggravated robbery and criminal trespass to a residence, the appellate court determined that the evidence was sufficient to establish respondent's guilt beyond a reasonable doubt and even though respondent forfeited his claim that the trial court did not follow the statutory requirements in sentencing him to the Department of Juvenile Justice, it could not be said that the trial court abused its discretion in finding that sentencing respondent to the Department of Juvenile Justice was the least restrictive alternative; however, the conviction for criminal trespass to a residence was vacated pursuant to the one-act, one-crime rule because that conviction was based on the same act as the home invasion conviction.
Michael J. Pelletier, Karen Munoz, and Amber Corrigan, all of State Appellate Defender's Office, of Springfield, for appellant.
Randall Brinegar, State's Attorney, of Danville (Patrick Delfino, David J. Robinson, and Linda Susan McClain, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE POPE delivered the judgment of the court, with opinion. Justices Turner and Steigmann concurred in the judgment and opinion.
[¶1] On January 28, 2013, respondent, Javaun I., was found guilty of home invasion, attempt (aggravated robbery), and criminal trespass to a residence. On March 4, 2013, the trial court sentenced respondent to an indeterminate sentence in the Illinois Department of Juvenile Justice (DOJJ). Respondent appeals, arguing the following: (1) the State presented insufficient evidence to prove his guilt beyond a reasonable doubt; (2) the court erred as a matter of law in sentencing him to DOJJ without first following the statutory requirements found in section 5-750(1) of the Juvenile Court Act of 1987 (Act) (705 ILCS 405/5-750(1) (West 2012)); and (3) respondent's adjudication for both home invasion and criminal trespass to a residence violate the one-act, one-crime rule because both charges were based on the same physical act. We affirm in part, vacate in part, and remand with directions.
[¶2] I. BACKGROUND
[¶3] On December 12, 2012, the State filed a petition for adjudication of wardship against respondent (born March 28, 1997), charging him with home invasion (causing injury) (720 ILCS 5/12-11(a)(2) (West 2010)), attempt (aggravated robbery)
(720 ILCS 5/8-4(a),18-5 (West 2010)), and criminal trespass to a residence (720 ILCS 5/19-4(a)(2) (West 2010)). That same day, the trial court ordered respondent detained. On December 21, 2012, respondent filed notice of an alibi defense, claiming he was at home when the alleged offenses were committed.
[¶4] On January 28, 2013, respondent's trial was held. The State first called Khaylee B., age 12, to testify. On the night of December 9, 2012, at around 10 or 11 p.m., she was sitting on the couch at her home watching television when someone knocked on the back door. Her mother (Jennifer V.), her sisters (Kaitlin B., Cassidy B., and Kristen B.), her brother (Kody B.), and Kristen's boyfriend (Darius H.) were also in the house. The doors and windows were all closed. She opened the back door and recognized Mario A. standing outside. Although Mario A. said he was alone, she slammed and locked the door when she saw shadows outside. About 10 or 15 minutes later, she heard another knock on the door. Kody B. answered the door. She then saw her brother, Kody, running through the house with Mario A. holding onto him. She testified she only saw two other people enter the home, Joey I. (Jo-Jo) and Marcus A. She put her head down after they entered the house.
[¶5] Khaylee testified, " They was carrying a gun." No one said anything but Mario A., who was yelling, " Where's the money? Give me the money." At that time, Joey I. and Marcus A. went to Kaitlin's room, where she was sleeping. Kaitlin yelled, " Jo-Jo, you better get the F*** out of my house. I'm calling the police." Joey I. whispered something to Mario A., and then they ran from the house.
[¶6] Khaylee knew Joey I. (Jo-Jo) because he used to hang out in the apartment building where she used to live. Mario A. rode the school bus with her. She did not recognize respondent as one of the intruders. She testified she was scared because the intruders had guns. When they first came into the house, she took a " real quick look" and then put her head down. She only looked up one other time.
[¶7] Kody B., age 15, testified he was playing a video game on the night in question. His sisters, parents, and " Kilo and Darius" were also at the house. His sisters, Cassidy and Kaitlin, were in their rooms sleeping. Kody opened the back door from the kitchen after hearing someone knock. (He had not heard the earlier knock, nor had he seen Khaylee open the door 10 to 15 minutes earlier.) Mario A. and some others forced their way into the house, pushing Kody back through the kitchen, the living room, and then the dining room. Mario A. maced Kody's arms and eyes, causing a burning sensation.
[¶8] Kody testified four people forced their way into the house; some were armed. Mario A. stood over him in the dining room. One of the intruders yelled, " Give me the money." An intruder he did not know stood behind Darius. The other two intruders, respondent and Joseph I. (a.k.a. Joey I. and Jo-Jo) went to Kaitlin's room. Kaitlin got up and started yelling at the intruders, who ran out of the house. He recognized respondent because respondent and respondent's brother used to visit Kody's neighbor when they lived in an apartment complex. Kody testified he identified respondent, Mario A., and Joseph I., in a photo lineup.
[¶9] On cross-examination, Kody testified he only saw one gun and respondent was the last intruder to enter the house. He did not remember what respondent was wearing. On the night of the incident, he told the responding officer Mario A., Joseph
I., and respondent, whom he identified as Jo-Jo's little brother, were three of the intruders.
[¶10] Officer Scott Damilano of the Danville police department testified he met with Kody B. and Kaitlin B. for a photo lineup. Kody and Kaitlin both identified one of the intruders as Jo-Jo's brother. Kody told him Jo-Jo's brother had a BB gun. Kaitlin also told Damilano one of the suspects was holding a BB gun.
[¶11] Officer Kevin Atkinson of the Danville police department testified he responded to the home. He spoke with Khaylee B., Kody B., Kaitlin B., Jennifer V., Darius H., and Kilan C. Kody B. had been pepper-sprayed in the ...