from the Circuit Court of the 10th Judicial Circuit, Peoria
County, Illinois. Appeal No. 3-15-0165 Circuit No. 14-CF-573
Honorable Kevin W. Lyons, Judge, Presiding.
JUSTICE WRIGHT delivered the judgment of the court, with
opinion. Justices Carter and Schmidt concurred in the
judgment and opinion.
1 Defendant, Daejohn Wilson, appeals from his convictions for
aggravated battery and unlawful possession of a firearm.
Defendant argues that (1) his sentence is excessive and (2)
he is subject to an unauthorized crimestopper's fine. We
3 Defendant was charged by indictment with aggravated battery
(720 ILCS 5/12-3.05(e)(1) (West 2014)), a Class X felony, and
unlawful possession of a firearm (720 ILCS 5/24-3.1(a)(2)
(West 2014)), a Class 4 felony. Count I alleged defendant
shot and injured Bilal Marcus Wilkins by discharging a
firearm. Count II alleged defendant was under 21 years of
age, and he knowingly possessed a handgun after he had been
adjudicated a delinquent for the offense of aggravated
battery in case No. 11-JD-158. A jury found defendant guilty
of both charges. The court ordered a presentence
investigation report (PSI) and set the cause for a sentencing
4 At the sentencing hearing, defendant's mother,
Carsanders Devine, testified that defendant was assigned an
individualized education plan (IEP) when he was in
kindergarten. Defendant continued in the IEP until he dropped
out of school in the 12th grade. While he was growing up,
defendant was subjected to bullying. During his teenage
years, defendant received mental health services until the
program was terminated due to budget cuts.
5 Defendant's PSI indicated he was 19 years old at the
time of sentencing and he had several prior juvenile
offenses. The PSI stated defendant's medical records
included diagnoses for depressive disorder, oppositional
defiant disorder, and cannabis abuse. Defendant's
educational records included several disciplinary actions and
details of defendant's 12th-grade expulsion. As of the
date of the PSI, defendant had not earned his high school or
general education diploma.
6 Defendant included with his PSI nine letters from family
and community members. The letters each attested to
defendant's good character. In a letter to the court,
defendant said he had obtained certifications in welding,
blue-print reading, construction, and bible study.
7 In allocution, defendant apologized for the situation that
led to the criminal charges, with the caveat that he was
provoked. Defendant contended he had been subject to bullying
and had acted to protect himself.
8 After discussing the evidence and factors in mitigation and
aggravation, the court stated it had considered the letters
sent by defendant's family and friends. The court also
discussed Devine's testimony about seeking treatment for
defendant's mental illness when defendant was a child;
the reports of defendant's misbehavior while in school,
which included an expulsion; and defendant's juvenile
adjudications. The court sentenced defendant to 18 years'
imprisonment for aggravated battery and a concurrent term of
3 years' imprisonment for unlawful possession of a
firearm. The court also entered a detailed supplemental
sentencing order that imposed multiple costs, including a $25
"Crimestopper Fee." The supplemental order offset
defendant's fines by 201 days of $5-per-day credit. The
order imposed a total of $842 in charges. Defendant appeals.
10 I. Excessive Sentence
11 Defendant argues his sentence is excessive because the
court failed to adequately consider in mitigation his youth,
mental health issues, and potential for rehabilitation.
Because defendant points to no evidence refuting the
court's consideration of these factors and the sentences
were within the ...