Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. McClenton

Court of Appeals of Illinois, Third District

September 7, 2017

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
MIVAN D. McCLENTON, Defendant-Appellee.

         Appeal from the Circuit Court of the 12th Judicial Circuit, Will County, Illinois, Circuit No. 14-CF-313 The Honorable Amy Bertani-Tomczak, Judge, Presiding.

          JUSTICE WRIGHT delivered the judgment of the court. Presiding Justice Holdridge and Justice O'Brien concurred in the judgment.

          OPINION

          WRIGHT JUSTICE.

         ¶ 1 The trial court order dismissed defendant's 2014 indictment charging defendant with failing to register as a sex offender in violation of the Sex Offender Registration Act (SORA) (730 ILCS 150/3, 6 (West 2014)). After dismissing the indictment on due process grounds, the trial court entered an order directing the Illinois State Police sex offender registration unit to remove and delete defendant's name from the current sex offender registry. On appeal, the State argues the trial court lacked statutory authority to direct the Illinois State Police sex offender registration unit to remove defendant's name from the sex offender registry and also improperly dismissed the grand jury indictment charging defendant with failing to register as a sex offender in violation of SORA. Defendant concedes the dismissal of the indictment was improper but contends the trial court's order directed at the Illinois State Police sex offender registration unit should be affirmed.

         ¶ 2 The trial court improperly dismissed the grand jury indictment on due process grounds and lacked statutory authority to direct the Illinois State Police sex offender registration unit to remove and delete defendant's name from the current sex offender registry.

         ¶ 3 FACTS

         ¶ 4 On April 8, 1997, Mivan D. McClenton (defendant) was convicted of the felony offense of unlawful restraint (720 ILCS 5/10-3(a) (West 1996)) in Will County case No. 97-CF-725 and was sentenced to a term of probation. Subsequently, defendant violated the terms of his probation in Will County case No. 97-CF-725 and was resentenced to serve one year in the Illinois Department of Corrections in April 1998. In 2001, defendant was convicted of the offense of failing to register as a sex offender in violation of section 150/3(a) of SORA (730 ILCS 150/3(a) (West 2000)) in Will County case No. 01-CF-433. Thereafter, defendant acquired additional felony convictions for possession of cannabis in Will County case No. 11-CF-583 in 2011 and for defrauding a drug screening test in Will County case No. 12-CF-18 in 2012.

         ¶ 5 On February 13, 2014, a grand jury returned an indictment against defendant in Will

County case No. 14-CF-313. Count I of the 2014 bill of indictment provided, in relevant part: "[O]n or about January 30, 2014, at and within Will County, Illinois, MIVAN D. MCCLENTON, a male person, committed the offense of FAILURE TO REGISTER AS A SEX OFFENDER (Class 2 Felony) in that said defendant, a sex offender, who has a prior conviction for Failure to Register as a Sex Offender under Will County Circuit Court case number 2001 CF 433, failed to register in accordance with the provisions of the Sex Offender Registration Act as they apply to him, in that he knowingly gave false information to the law enforcement agency with whom he last registered, specifically the Joliet Police Department, in that he told the Joliet Police Department that he resided at 614 Madison Street, Joliet, Will County, Illinois ***" [in violation of section 150/3 of SORA (730 ILCS 150/3 (West 2014))].

         ¶ 6 In addition, Count II of the indictment stated as follows, in relevant part: "[O]n or between January 30, 2014 and February 19, 2014, at and within Will County, Illinois, MIVAN D. MCCLENTON, a male person, committed the offense of FAILURE TO REGISTER AS A SEX OFFENDER (Class 2 Felony) in that said defendant, a sex offender, having previously been convicted of Failure to Register as a Sex Offender in the Circuit Court of Will County under docket number 2001 CF 433, failed to register in accordance with the provisions of the Sex Offender Registration Act as they apply to him, in that he knowingly failed to inform the law enforcement agency with whom he last registered, namely the Joliet Police Department, in writing, of his change of residence address within 3 days of changing his residence address ***" [in violation of section 150/6 of SORA (730 ILCS 150/6 (West 2014))].

         ¶ 7 Turning to the undisputed facts of record, on January 30, 2013, defendant registered a change of address with the Joliet Police Department, listing his address as 614 Madison Street, Joliet, Illinois. Defendant registered at that same address again on April 30, 2013, July 30, 2013, October 30, 2013, and January 30, 2014. Each time defendant registered in 2013 and 2014, he signed and acknowledged the registration requirements that he must notify the Joliet Police Department within three days of a change of address and that he could be charged with a felony for providing false information.

         ¶ 8 On February 15, 2014, law enforcement conducted a routine sex offender registration check at 614 Madison Street, the last registered address defendant provided on January 30, 2014, and discovered that defendant no longer resided there. The resident of that address stated that he lived there with his wife and children. Further, the resident stated that although defendant did not live there, he allowed defendant to use the address as a mailing address. The resident stated that defendant did not keep any personal belongings at the address and that since October 30, 2013, defendant had stayed at the house three times and approximately 10 times in total.

         ¶ 9 Subsequently, the police spoke to defendant, who stated that he was living with his girlfriend in Chicago half of the time and with the resident of the Joliet address, located at 614 Madison Street, the other half of the time. The defendant also stated that he periodically removed his belongings from the Joliet address and moved his belongings elsewhere. However, defendant still believed he had some items at 614 Madison Street in Joliet at the time he spoke to the officer.

         ¶ 10 On November 16, 2015, defendant filed a petition in the circuit court in Will County case No. 14-CF-313, requesting the trial court to enter an order directing the Illinois State Police sex offender registration unit to remove defendant from the sex offender registry. On December 11, 2015, the court struck defendant's petition for removal from the sex offender registry and gave defendant leave to file a motion to dismiss the charges. On that same date, defendant filed a motion to dismiss the indictment in Will County case No. 14-CF-313 with prejudice.

         ¶ 11 In support of defendant's motion to dismiss the indictment, defendant claimed the 2006 amendment to SORA terminated his ongoing obligation to register as a sex offender following his 1997 conviction for unlawful restraint because any person convicted of unlawful restraint after 2006 did not have the same statutory obligation to register as a sex offender without the trial court's express finding that the post-2006 conviction was sexually motivated. Defendant premised his request for a dismissal of the indictment solely on due process concerns.

         ¶ 12 On January 12, 2016, the State filed a response to defendant's motion to dismiss the indictment. In the State's response to defendant's motion to dismiss, the State asserted the 2006 amendment to SORA did not provide the court with the authority to order the Illinois State Police sex offender registration unit to remove defendant from the sex offender registry.

         ¶ 13 On June 21, 2016, the trial court held a hearing on defendant's pending motion to dismiss the indictment. At the hearing, the trial judge recognized that according to the statute in effect in 1997, when a nonparent of a minor victim was convicted of the offense of unlawful restraint, these circumstances required the person convicted of unlawful restraint to register as a sex offender. However, the judge noted that following the 2006 amendments to SORA, any person convicted of unlawful restraint would not be required to register as a sex offender unless the sentencing judge made an express factual finding, based on the evidence, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.