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People v. Wilson

Court of Appeals of Illinois, Third District

April 5, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DAE JOHN WILSON, Defendant-Appellant.

         Appeal 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.

          OPINION

          WRIGHT JUSTICE

         ¶ 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 affirm.

         ¶ 2 FACTS

         ¶ 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 hearing.

         ¶ 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.

         ¶ 9 ANALYSIS

         ¶ 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 ...


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