In re M.I.

Chicago police responded to a street fight. One yelled “police, stop, stop,” but M.I., then 16, fired multiple gunshots in their direction. A petition to have M.I. adjudicated delinquent was filed, and the state successfully moved to designate the proceedings as an “extended jurisdiction juvenile prosecution.” M.I. waived his right to a jury trial. After adjudicating him delinquent the circuit court sentenced him for aggravated discharge of a firearm, to an indeterminate period in the juvenile division of the Department of Corrections, to end no later than his twenty-first birthday. The court also imposed a 23-year adult sentence, stayed pending successful completion of the juvenile sentence. The appellate and supreme courts affirmed. M.I. argued that the hearing on designation as an extended jurisdiction juvenile proceeding was not held within the statutory time period, but the supreme court held that the statute is directory rather than mandatory. M.I. raised a constitutional vagueness challenge to the statutory provision that a stay of an adult sentence may be revoked for violation of the “conditions” of a sentence. Such a stay was part of the original sentence, and the state is seeking revocation based on a subsequent drug offense, but this was not the provision under which revocation was sought, so M.I. lacked standing for the challenge. M.I. also claimed that there was a due process violation in imposing a 23-year adult sentence, citing Apprendi v. New Jersey, 530 U.S. 466 (2000). The court found no Apprendi violation, noting that the extended jurisdiction juvenile statute is dispositional rather than adjudicatory. View "In re M.I." on Justia Law