In re E.M.

1

2024 IL App (1st) 232210-U

IN THE INTEREST OF E.M., a minor Respondent-Appellant

No. 1-23-2210

Court of Appeals of Illinois, First District, Sixth Division

June 28, 2024

This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from the Circuit Court of Cook County. No. 2021JD00417 Honorable Steven James Bernstein, Judge, presiding.

C.A WALKER JUSTICE delivered the judgment of the court. Presiding Justice Oden Johnson and Justice Hyman concurred in the judgment.

ORDER

C.A WALKER JUSTICE.

¶ 1 Held: We affirm minor respondent's adjudication of delinquency for criminal sexual assault but vacate delinquency adjudications for aggravated sexual abuse and criminal sexual abuse as violations of the one-act one-crime doctrine. The circuit court did not abuse its discretion by admitting other-crimes evidence as the crimes had general similarities to the one charged, but the court erred by not conducting a preliminary Krankel inquiry where during the dispositional hearing the minor respondent and his mother mentioned respondent's mental health issues and diagnoses; the probation officer stated that minor's mental health condition was not highlighted during trial; and the court acknowledged that "there was no mention of this, and counsel failed to present evidence or bring a defense based on mental condition."

¶ 2 Respondent E.M. appeals the circuit court's adjudication of delinquency and dispositional order entered on November 6, 2023. On appeal, E.M. argues the circuit court erred when it (1) did not conduct a Krankel inquiry into his posttrial claims of mental health problems; (2) allowed the State to present other-crimes evidence as propensity evidence without conducting any meaningful analysis into the evidence's prejudicial effect; and (3) allowed multiple convictions against him in violation of "one-act, one-crime" principles. For the following reasons, we affirm minor respondent's adjudication of delinquency, but we remand to the circuit court for a preliminary Kankel inquiry concerning the ineffective assistance of council claim.

¶ 3 BACKGROUND

¶ 4 On April 3, 2021, the State filed a delinquency petition alleging that between November 23 and 24, 2019, E.M. committed three counts each of criminal sexual assault (720 ILCS 5/11-1.20(a)(1) (West 2022)), aggravated criminal sexual abuse (720 ILCS 5/11-1.60(c)(2)(ii) (West 2022)), and criminal sexual abuse (720 ILCS 5/11-1.50(c) (West 2022)). The petition also alleged in August 2020, E.M. committed intimidation (720 ILCS 5/12-6(a)(1) (West 2022)) and aggravated battery (720 ILCS 5/12-3.05(c) (West 2022)) against the same victim from November 2019.

¶ 5 On November 16, 2019, the victim, C.J., was 13 years old when she bought a vape from J.R.,^[1] who was friends with E.M. After buying the vape, C.J. went with J.R. to E.M.'s house. When C.J. and J.R. arrived, they joined E.M. and a group of people to smoke marijuana and drink alcohol. During the time the group was at the house, J.R. asked everyone except C.J. and E.M. to leave to find a screwdriver so he could repair a video game controller. C.J. was sitting between J.R. and E.M. on the couch. After the rest of the group left, J.R. and E.M. began placing their hands on C.J., nearing her vagina. C.J. kept taking their hands off her, but J.R. and E.M. continued. C.J. then vomited, J.R. and E.M. stopped touching her, and drove her home.

¶ 6 On November 23, 2019, J.R. texted C.J., asking to see her again. C.J. then went to E.M.'s house after J.R. reassured her that things would be okay. When C.J. arrived, there was a group of people smoking and drinking. C.J. was sitting with J.R. on the couch when several people, including E.M., went into the bathroom and invited her to come in. C.J. refused, angering E.M. C.J. then went into a bedroom with J.R., who pressured her into giving oral sex. After a minute together, E.M. joined C.J. and J.R. in the bedroom. C.J. jumped back and said "No," and "I don't really want this" as J.R. tried to calm her down. E.M. then began touching C.J.'s legs, reaching closer to her vagina. At the time, C.J.'s pants and underwear were removed. C.J. tried kicking E.M. away, yet J.R. held her down. E.M. inserted his finger into C.J.'s vagina and put his penis inside of her. J.R. put his penis into C.J.'s mouth while continuing to hold her down. Eventually, J.R. and E.M. stopped and drove C.J. home.

¶ 7 In August 2020, C.J. and her friend were walking down 95th Street and Roberts Road in Hickory Hills when she saw E.M. from a distance walking towards them. Once the two were next to each other, C.J. told her friend that E.M. was the one who raped her. E.M. got angry, called C.J. a "pill popper," said she would go to jail if she said something, and then smacked her in the face. In October 2020, C.J. attempted suicide and told the ambulance driver about the November 2019 incident because they were at E.M.'s house that evening. She then later told a social worker, who reported the incident to law enforcement.

¶ 8 At the probable cause hearing on April 3, 2021, E.M.'s counsel informed the circuit court that E.M. was released from the hospital shortly before the hearing and was diagnosed with psychosis. E.M.'s mother further noted his symptoms were "close to schizophrenia" and that he was beginning to take medications and go to therapy. Following this hearing, this case was transferred to another judge.

¶ 9 On May 22, 2023, the State filed a motion to admit evidence of E.M.'s prior crimes for propensity to commit sex offenses, pursuant to (725 ILCS 5/115-7.3 (West 2022)). The State sought to present witness testimony in two cases where E.M. was charged with aggravated criminal sexual abuse. In the first case, around January 15, 2020, the victim saw E.M. as she walked out of a high school women's bathroom. He then followed her through the hallway before going into the men's restroom and asking for her to follow. After she resisted, E.M. pulled her into the restroom and placed his hands over her vagina. E.M. then forced the victim's hand to touch his penis. A teacher walked into the restroom and saw both E.M. and the victim before escorting her out. In the second case, on September 25, 2020, the victim, who was 12 years old at the time, was walking through a park near her grandmother's home in Hickory Hills. E.M. touched the victim from behind and began asking her questions. When the victim started walking away, E.M. followed her and grabbed her hoodie, touching her buttocks. E.M. then placed his hands over the victim's breasts before pushing her against a wooden fence. The victim pushed E.M. away and eventually escaped to her grandmother's house, where she told her grandmother what happened. The State said it could not try the cases together because J.R. was a co-defendant in this case, but not the other two. The court granted the State's motion, and the victims in the two cases testified at trial.

¶ 10 On June 29, 2023, following the trial, the court found E.M. guilty of all eleven charges and remanded him to the Cook County Jail. At the sentencing hearing on August 24, 2023, the State requested the court defer sentencing until E.M.'s 21st birthday. E.M.'s probation officer highlighted the portion of her social investigative report, where his mother informed her that he was diagnosed with psychosis and schizophrenia. The probation officer said that E.M.'s mother stated that his mental health condition was not highlighted in court. E.M.'s counsel called his mother to testify in mitigation; she stated that E.M. was diagnosed with psychosis in 2021, and later diagnosed with schizophrenia. She also stated that at the time of the November 2019 and August 2020 incidents, he was undiagnosed, yet she noticed a significant change in his behavior that has improved since his diagnosis when he began taking medication.

¶ 11 The court stated that while it did not know what the ramifications of psychosis were, it did not believe that E.M. had a mental condition that compelled him to act as he did or precluded him from knowing he was doing something wrong. The court also noted that "there are certain methods by which a minor who is not guilty because of a mental condition can assert that at trial," but "no such [method] was brought." On November 6, 2023, which was E.M.'s 21st birthday, the court issued its sentencing order, which released E.M. from the Cook County Jail but required him to register as a sex offender. This appeal followed.

¶ 12 JURISDICTION

¶ 13 A sentencing order in a juvenile delinquency proceeding is a final order. See In re Justin L.V., 377 Ill.App.3d 1073, 1079 (2007). Appeals from final judgments in delinquent minor proceedings are governed by the rules applicable to criminal cases. Ill. S.Ct. R. 660(a) (eff. Oct. 1, 2001). The circuit court entered its sentencing order on November 6 2023. Notices of appeal must be filed with the clerk of the circuit court within 30 days after the entry of the final judgment appealed from. Ill. S.Ct. R. 606(b) (eff. July 1, 2017). E.M. filed his timely notice on November 21, 2023; therefore, this court has jurisdiction.

¶ 15 On appeal, E.M. first argues the circuit court erred by failing to conduct an adequate Krankel inquiry when it was informed of his mental health issues. E.M. notes at the sentencing hearing, the probation officer highlighted his mental health information in her social investigation report. The probation officer also said E.M.'s mother told her this information was not highlighted during proceedings. The court also mentioned that there was no mention of E.M.'s mental health information, explaining there are certain methods...