Court of Appeals of Illinois, First District, First Division
Rehearing denied October 17, 2016
from the Circuit Court of Cook County, No. 12-CR-20502; the
Hon. James B. Linn, Judge, presiding.
affirmed in part; sentence reversed and remanded with
directions; mittimus corrected.
Michael J. Pelletier, Patricia Mysza, and Caroline E.
Bourland, all of State Appellate Defender's Office, of
Chicago, for appellant.
M. Alvarez, State's Attorney, of Chicago (Alan J.
Spellberg, Matthew Connors, and John Cooper, Assistant
State's Attorneys, of counsel), for the People.
PRESIDING JUSTICE CONNORS delivered the judgment of the
court, with opinion. Justices Cunningham and Harris concurred
in the judgment and opinion.
CONNORS PRESIDING JUSTICE.
1 Following a bench trial, defendant Jansen Aikens was found
guilty of several counts of attempted first degree murder of
a peace officer, attempted first degree murder, aggravated
discharge of a firearm, and aggravated unlawful use of a
weapon (AUUW). The trial court sentenced defendant to 20
years' imprisonment for the attempted murder convictions,
with an additional mandatory 20-year enhancement for
personally discharging a firearm, for a total of 40
years' imprisonment. On appeal, defendant contends that
the former exclusive jurisdiction provision of the Juvenile
Court Act of 1987 (Act) (705 ILCS 405/5-120 (West 2012))
violates the eighth amendment of the United States
Constitution, the proportionate penalties clause of the
Illinois Constitution, as well as federal and state due
process rights. Defendant also contends that Illinois's
sentencing scheme violates the requirement that a
juvenile's youth must be considered before imposing
mandatory adult minimum penalties. Defendant additionally
alleges that his convictions violate the one-act, one-crime
doctrine. For the following reasons, we affirm the judgment
of the trial court in part, reverse the sentence, remand for
resentencing, and correct the mittimus.
3 At trial, the State presented evidence that on October 13,
2012, Chicago police officers George Georgopoulos, Adamiak,
and Stevens were patrolling the area of Sunnyside Avenue and
Sheridan Road in plain clothes and in an unmarked car.
Shortly after midnight, the officers observed Paris McKinley,
a known "Black P-Stone, " standing at the northwest
corner of Sunnyside Avenue and Sheridan Road with two other
young men, including defendant. The officers testified that
the corner was known territory of a rival gang. The officers
decided to stop McKinley and question him. Officer
Georgopoulos approached McKinley while the other two officers
remained in the car. The officers in the car saw the other
two men quickly walk away, so they followed them in the
unmarked police car. Defendant held his waistband and began
4 All three officers testified that defendant then stopped
walking, retrieved an item from the right side of his
waistband, turned, and stood with both hands on a handgun and
fired multiple shots at the unmarked police car. Defendant
then continued walking away. Defendant was stopped near 4530
North Broadway Street, and a Smith and Wesson model 36
five-shot .38-caliber revolver was recovered a few feet away
from where defendant was detained. The cylinder contained
five spent cartridge cases.
5 Following defendant's arrest, he signed a statement
that indicated on the night in question he was on the corner
of Sunnyside Avenue and Sheridan Road with McKinley and
another man he did not know, watching for rival gang members.
Defendant stated that an unmarked police car pulled up and an
officer asked to talk to McKinley. Defendant stated that he
began to walk away but then started running when he saw the
police car following him. Defendant stated that he then
stopped running, pulled out a gun, took a position by a
parked car, and shot at the police car four to five times.
Defendant stated that he tried to hit the police because he
wanted them to stop chasing him. He then ran toward Broadway
Street, but the police kept chasing him. He dropped the gun
and got on the ground, at which time he was arrested.
6 The State put into evidence a certification from the
Illinois State Police that indicated that defendant did not
possess a Firearm Owners Identification (FOID) card on
October 13, 2012.
7 At the close of evidence, defendant was found guilty of all
charges. At sentencing, Christina Cariglio, a mitigation
specialist, submitted a mitigation report and testified.
Cariglio testified that defendant's mother abused drugs
and alcohol when she was pregnant and that, when she had
another son, defendant became that boy's parent and
protector because their mother was not there for him. They
were eventually placed in foster care and later adopted by
Deidre Aikens. Cariglio averred that as a teenager defendant
lived on the street with his girlfriend for some time, as
well as an apartment she shared with gang members, during
which time he joined a gang for protection. When defendant
was a junior in high school, he received an early acceptance
letter from the Illinois Institute of Technology due to his
8 Cariglio stated that, since the time of defendant's
arrest, he cut off all ties with his gang and that a jail
guard had informed her that defendant was "the most well
mannered boy [he] ha[d] ever come across while working in
Division 9." Cariglio concluded her mitigation report by
"I have not yet come across a client so full of
potential as [defendant]. Nor have I met a more supportive
family than the Aikens family. I have complete faith that
[defendant] will rehabilitate and go on to become a
successful contributing member of our society. [Defendant] is
blessed with intelligence, creativity, a kind heart, an
appreciation for those less fortunate, a terrific support
system in his family, and a selflessness that puts most
adults to shame. I ...