People v. Clark

494 N.E.2d 551, 144 Ill. App. 3d 420, 98 Ill. Dec. 429, 1986 Ill. App. LEXIS 2362
CourtAppellate Court of Illinois
DecidedMay 13, 1986
Docket4-85-0366
StatusPublished
Cited by8 cases

This text of 494 N.E.2d 551 (People v. Clark) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Clark, 494 N.E.2d 551, 144 Ill. App. 3d 420, 98 Ill. Dec. 429, 1986 Ill. App. LEXIS 2362 (Ill. Ct. App. 1986).

Opinions

JUSTICE WEBBER

delivered the opinion of the court:

Acting pursuant to the provisions of section 2—7(3) of the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37, par. 702—7(3)) the circuit court of Macon County permitted the criminal prosecution of defendant, Gary Clark, then 14 years of age, for several crimes including two murders. Defendant was convicted of the two murders as well as the other crimes. Because defendant was guilty of more than one murder, the circuit court was mandated by the terms of section 5— 8—1(a)(1)(c) of the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005—8—1(a)(1)(c)) to impose upon defendant a sentence of imprisonment for his natural life.

On appeal defendant raises no issue of reasonable doubt and therefore no extended recitation of the facts will be found in this opinion, but only sufficient facts to make clear what the issues are. They revolve generally around uie proposition that a sentence of natural life for a 14-year-old violates certain constitutional provisions. Defendant also questions the procedures used in transferring him from juvenile proceedings to adult criminal proceedings.

Specifically, the issues raised on appeal are: (1) whether the trial court abused its discretion in transferring defendant to adult criminal prosecution; (2) whether defendant was denied due process at his transfer hearing; (3) whether defendant was denied his sixth and fourteenth amendment rights of confrontation when the trial court considered hearsay evidence of a codefendant; (4) whether a natural-life sentence imposed on a 14-year-old violates the due process clause of the Illinois Constitution; and (5) whether the mandatory imposition of a natural-life sentence precludes consideration of evidence in mitigation and thereby violates the eighth and fourteenth amendments. We find no merit in any of the issues and therefore affirm.

The proceedings were begun on July 5, 1984,. when a petition was filed in the circuit court of Macon County pursuant to section 4—1 of the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37, par. 704—1) alleging that defendant was delinquent because of his commission of a burglary on June 4, 1984. On July 24, 1984, first and second supplementary petitions were filed alleging that on July 13 or 14, 1984, defendant, while in the process of committing residential burglary, had committed two felony murders (Ill. Rev. Stat. 1983, ch. 38, par. 9—l(aX3)) and also the offense of burglary to a vehicle. Subsequently, the State filed a petition under section 2—7(3) of the Juvenile Court Act requesting permission to prosecute defendant as an adult for the conduct alleged in the various petitions. After holding an evidentiary hearing, the court entered an order on . August 31, 1984, authorizing the State to do so.

On September 5, 1984, informations in 23 counts were filed charging defendant with the murders of Prentice and Effie Curfman together with the offenses of robbery, residential burglary, home invasion and aggravated criminal sexual assault. The place of trial was subsequently transferred, on defendant’s motion, to Tazewell County. On January 24, 1985, following a jury trial there, Judge Donald Morthland presiding, defendant was convicted of robbery and residential burglary. The jury was unable to agree as to the other charges and was discharged. After a subsequent jury trial in Tazewell County, Judge Jerry Patton presiding, defendant was convicted of the two murders, home invasion, and criminal sexual assault. On April 29, 1985, the court, noting that it had no discretion in regard to the murder convictions, sentenced defendant to imprisonment for his natural life for the two murders, and imposed (1) two sentences of 15 years’ imprisonment for two offenses of home invasion and aggravated criminal sexual assault; (2) two four-year sentences for robbery; and (3) one sentence of seven years for residential burglary. All of the sentences for offenses other than murder were ordered to be served concurrently with the murder sentence.

Section 2—7 of the Juvenile Court Act prohibits criminal prosecution of minors who are under 17 years of age at the time of the offense to be charged with certain exceptions. Section 2—7(2) states that criminal prosecutions may be brought for traffic, boating, or fish and game violations. Section 2—7(6)(a) requires that criminal prosecutions must be brought for murder, aggravated criminal sexual assault, or armed robbery committed with a firearm, and all charges arising from the same incident giving rise to those charges if the offender was at least 15 years old at the time of the offense to be charged. As used here, section 2—7(3) permits prosecution of a minor at least 13 years old for any offense if, upon motion of a State’s Attorney and after an investigation, a “Juvenile Judge, designated by the Chief Judge of the Circuit to hear and determine such motions” acts before an adjudicatory hearing has been held and enters an order permitting such a prosecution. Ill. Rev. Stat. 1983, ch. 37, par. 702-7(3).

Section 2—7(3) requires that, before authorizing criminal prosecution, the court must find “it is not in the best interests of the minor or of the public to proceed under” the Juvenile Court Act (emphasis added) (Ill. Rev. Stat. 1983, ch. 37, par. 702—7(3)). Among the matters to be considered are:

“(1) [Wjhether there is sufficient evidence upon which a grand jury may be expected to return an indictment; (2) whether there is evidence that the alleged offense was committed in an aggressive and premeditated manner; (3) the age of the minor; (4) the previous history of the minor; (5) whether there are facilities particularly available to the Juvenile Court for the treatment and rehabilitation of the minor; and (6) whether the best interest of the minor and the security of the public may require that the minor continue in custody or under supervision for a period extending beyond his minority.” (Emphasis added.) Ill. Rev. Stat. 1983, ch. 37, par. 702—7(3)(a).

The transfer hearing was held on August 31, 1984, before Judge John Davis. Officer Mark Barthelemy of the Decatur police department testified concerning the investigation and arrest of defendant and Rodney Baltimore, who was also charged with the Curfman homicides. Barthelemy stated that defendant made two statements shortly after he was arrested on July 19, 1984, concerning his involvement in the incident occurring on July 14 at the Curfman residence. During his first interview defendant indicated that he went to the Curfman residence at Baltimore’s insistence and defendant did not go in the house. During his second statement to the police, defendant indicated that he entered the house, began searching for money in Mrs. Curfman’s bedroom, and she awoke. Barthelemy stated that defendant shoved her back down on her bed and hit her in the chest with his fist. He stated that he then became frightened and left the house immediately with approximately $15 he had found in the house. Barthelemy stated that defendant lived two houses away from the Curfmans and several days prior to their death there had been two arguments between defendant and the Curfmans.

Direct examination of Barthelemy was concluded by his statement that defendant was 14 years of age at the time the offenses were committed, and that the Decatur police department juvenile records indicated that defendant had three prior station adjustments.

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Related

People v. Clark
544 N.E.2d 100 (Appellate Court of Illinois, 1989)
People v. Green
535 N.E.2d 413 (Appellate Court of Illinois, 1988)
People v. Clark
518 N.E.2d 138 (Illinois Supreme Court, 1987)
People v. Sims
519 N.E.2d 921 (Appellate Court of Illinois, 1987)
People v. Seals
505 N.E.2d 1107 (Appellate Court of Illinois, 1987)

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Bluebook (online)
494 N.E.2d 551, 144 Ill. App. 3d 420, 98 Ill. Dec. 429, 1986 Ill. App. LEXIS 2362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clark-illappct-1986.