 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Jordan12/8/2004
vercome by the introduction of contrary evidence." Black's Law Dictionary 1205 (7th ed.1999). Our supreme court in Pomykala interpreted the language from the definition of "prima facie " " 'unless disproved by some evidence to the contrary' " as requiring the defendant to rebut the presumption. Pomykala, 203 Ill.2d at 208, 784 N.E.2d at 790. Similarly here, a "prima facie " case would be established upon the showing that a defendant left a child under the age of 6 in a vehicle unattended for more than 10 minutes, which the defendant then would be required to rebut. Looking at the language of the statute itself and giving it its plain and ordinary meaning (Pomykala, 203 Ill.2d at 207, 784 N.E.2d at 790), we believe that section 12-21.6(b) contains language of an impermissible mandatory rebuttable presumption and is therefore unconstitutional.
We must next consider whether section 12-21.6(b) of the Code (720 ILCS 5/12-21.6(b) (West 2002)) may be severed from the remainder of the child endangerment statute. We note that there is no specific severability provision applicable to this statute. However, we may sever a statute if what remains is complete in itself and is able to be executed wholly independent of the severed portion. Pomykala, 203 Ill.2d at 209, 784 N.E.2d at 791. Section 12-21.6(a) sets out all of the elements of the offense of endangering the life or health of a child. 720 ILCS 5/12-21.6(a) (West 2002). The excision of subsection (b) does not impair the meaning or the operation of subsection (a) because subsection (b) merely operates to ease the State's burden of proof. Consequently, we conclude that subsection (b) may be severed from the remainder of the statute.
Defendant contends that should we find the presumption contained in the statute to be unconstitutional and the unconstitutional provision to be severable, we must reverse his conviction outright because the State did not meet its burden of showing that he willfully caused or permitted his child's life or health to be endangered as required by subsection (a).
When presented with a challenge to the sufficiency of the evidence, we must determine, after viewing the evidence in the light most favorable to the State, if any rational trier of fact could have found the essential elements beyond a reasonable doubt. People v. Schott, 145 Ill.2d 188, 203, 582 N.E.2d 690 (1991).
As previously discussed, subsection (a) states:
"(a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act." 720 ILCS 5/12- 21 .6(a) (West 2002).
Actual injury is not required to convict under subsection (a). People v. Wilkenson, 262 Ill.App.3d 869, 874, 635 N.E.2d 463, 467 (1994). To convict for endangering the life of a child, "the person caring for the child must wilfully cause that child's life to be placed in danger of probable harm." Wilkenson, 262 Ill.App.3d at 874, 635 N.E.2d at 467. In other words, endangering the life of a child involves "placing the child's life into danger of probable physical or mental damage." Wilkenson, 262 Ill.App.3d at 874, 635 N.E.2d at 467..
Our review of the record in the instant case reveals that the State essentially proved, through the testimony of Ruben Tate and Officer Hightower, that: (1) defendant's daughter Dominique was four months old; (2) defendant left Dominique in the car for approximately 35 to 40 minutes unattended; (3) Dominique was dressed warmly in a snowsuit with a hood and gloves and feet and was covered in a thick wool blanket
Page 1 2 3 4 5 Illinois DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|