{ "id": 4300336, "name": "In re JESSICA M., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Jessica M., a Minor, Respondent-Appellant)", "name_abbreviation": "People v. Jessica M.", "decision_date": "2010-03-19", "docket_number": "No. 1\u201406\u20142007", "first_page": "730", "last_page": "750", "citations": [ { "type": "official", "cite": "399 Ill. App. 3d 730" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "812 N.E.2d 773", "category": "reporters:state_regional", "reporter": "N.E.2d", "year": 2004, "pin_cites": [ { "parenthetical": "statutes cited therein" } ], "opinion_index": 0 }, { "cite": "349 Ill. App. 3d 845", "category": "reporters:state", "reporter": "Ill. 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App. 3d 894", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 4279189 ], "weight": 2, "year": 2008, "opinion_index": 0, "case_paths": [ "/ill-app-3d/385/0894-01" ] } ], "analysis": { "cardinality": 1930, "char_count": 51760, "ocr_confidence": 0.774, "pagerank": { "raw": 5.3642547087698936e-08, "percentile": 0.3366350702299632 }, "sha256": "027fb83706d4ff2a0e45bd59608b4f0e27f1adca40b5299700b187ac1157182b", "simhash": "1:a0e7a4ec1746a5b5", "word_count": 8310 }, "last_updated": "2023-07-14T20:57:29.923092+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "In re JESSICA M., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Jessica M., a Minor, Respondent-Appellant)." ], "opinions": [ { "text": "PRESIDING JUSTICE TOOMIN\ndelivered the opinion of the court:\nFollowing a hearing, the respondent, Jessica M., was adjudicated delinquent for the offense of aggravated battery. On appeal, respondent asserts that: (1) the State failed to prove her delinquent beyond a reasonable doubt; (2) the trial court erred in refusing to allow reputation testimony about the victim; (3) the court erred in finding her guilty on two counts of aggravated battery, in violation of the one-act, one-crime rule; (4) her sentence of probation must be modified to end on her twenty-first birthday; and (5) the mandatory DNA statute is unconstitutional as violative of respondent\u2019s fourth amendment rights and privacy rights under the Illinois Constitution.\nIn our original opinion, we affirmed respondent\u2019s adjudication of delinquency, but modified the terms of her sentence of probation. In re Jessica M., 385 Ill. App. 3d 894, 897 N.E.2d 810 (2008). On November 25, 2009, pursuant to its supervisory authority, the Illinois Supreme Court directed this court to vacate its order in In re Jessica M., 385 Ill. App. 3d 894, 897 N.E.2d 810 (2008), and reconsider its decision in light of In re Samantha V., 234 Ill. 2d 359, 917 N.E.2d 487 (2009), to determine if a different result is warranted. In re Jessica M., 234 Ill. 2d 522, 917 N.E.2d 526 (2009).\nAs directed by our supreme court, we vacate our October 17, 2008, opinion and now remand the matter to the circuit court with directions to vacate one finding of delinquency, correct the \u201cTrial Order,\u201d and modify respondent\u2019s term of probation.\nBACKGROUND\nThe amended petition for adjudication of wardship of Jessica M. stemmed from her alleged beating of Rosalinda Rodriguez at 3011 South Farrell, in Chicago, on the night of June 10, 2005. The evidence presented at the adjudication hearing established that between 11 and 11:30 p.m., respondent and five other girls were walking down South Farrell Street. The girls, who were unusually loud, stopped by the gate to the backyard of Rosalinda\u2019s home. Rosalinda, a college student, was at home with her two younger sisters when she heard the noise. Rosalinda then looked out the kitchen window into the backyard and saw six girls standing at the edge of her property. She recognized all the girls, including respondent, from the neighborhood. Rosalinda walked out of her house and through her backyard and out the gate to ask them why they were there. She locked the gate from the outside behind her, so that the girls could not come into the yard and so her dog would not get out. At that time, the victim was 19 years old, and 5-feet-7-inches tall and weighed 140 pounds.\nOnce Rosalinda was outside the gate, she heard respondent mumble something, so she approached respondent to ask her what she had said. According to Rosalinda, respondent then punched her in the face with her closed fist. Rosalinda reacted by punching her back in the face with her fist, and then backed away as respondent closed in on her, pinning Rosalinda against the backyard fence. Rosalinda ran into the street, where the other girls surrounded her and \u201ccheered on\u201d respondent as she punched Rosalinda in the face again with her closed fist. Rosalinda testified that although she tried to back away, she slipped on the curb and fell down on the street. Respondent got on top of Rosalinda and attempted to gouge out her eyes. Rosalinda resisted by twisting her body and moving her head, so respondent grabbed Rosalinda\u2019s hair and slammed her head against the pavement more than three times.\nRosalinda managed to push respondent off and started to get up but respondent then struck her across the face with what she believed was a bottle handed to respondent by one of the other girls. She fell backwards on the cement and momentarily lost consciousness. When Rosalinda opened her eyes, respondent was once again on top of her, punching her in the head, while the other girls were kicking her. She then felt someone pull her and respondent apart. Rosalinda testified that during the attack, she hit respondent back between three and five times.\nRosalinda\u2019s 12-year-old sister, Priscilla, testified that she ran out of the house when she saw Rosalinda being attacked and tried to push respondent off of her, but one of the other girls, Candace A., hit Priscilla with a shoe. Although Priscilla initially testified that the girls were in the backyard, she clarified on cross-examination that they were on the sidewalk at the gate to the backyard.\nIn turn, the victim\u2019s brother, Esvelda, and Mike Palamino, a deputy sheriff who lived down the block, both arrived on the scene and pulled the girls apart. When Rosalinda got back on her feet, she \u201cblacked out\u201d again and then felt blood on her face. Later, Rosalinda\u2019s mother accompanied her to Loyola Hospital, where upon admission into the trauma unit, CAT scans and MRI tests were performed. Rosalinda stayed at Loyola Hospital for one day and received a total of nine stitches on her face, some under her right eyebrow and some on the left side of her chin. Rosalinda\u2019s mother photographed her injuries at the hospital, two of which were admitted at trial.\nRosalinda filed a police report several days after the attack; however, she did not tell the reporting officer that there was glass in the street near the gate to her backyard that had been broken over her head. The State filed a petition for adjudication of delinquency against respondent and later filed an amended petition adding an additional count of aggravated battery. At the close of the State\u2019s case, respondent moved for a directed finding, which the court denied.\nRespondent\u2019s neighbor, Emmanuel Fabela, appeared as a witness on respondent\u2019s behalf. Fabela testified that at about 9:30 on the night of the incident he was on his front porch smoking a cigarette when he saw a group of about five girls, including respondent, walking together down Farrell street, talking unusually loudly. They stopped three houses down from him, at which point the tallest of the girls, whom he identified in court as respondent, started to yell. Then, according to Fabela, a girl came out from the house, jumped over the gate, and came up to respondent. Fabela claimed that the girl who came out, whom he never identified, got within five inches of respondent\u2019s face and pushed her. Then the two girls started fighting, first trading blows on their feet, and then rolling around on the street. The fight lasted about two minutes and ended when the girls were separated by Deputy Palamino and a male who came out from the house. According to Fabela, no one hit the girl from the house on the head with a bottle, banged her head against the curb, or kicked her when she was on the ground.\nUnder cross-examination, Fabela maintained that he did not know the relatives, parents, or friends of any of the respondents. However, Fabela acknowledged that the father of one of the other girls who was charged put him in touch with respondent\u2019s counsel. Fabela spoke with counsel on the telephone, then in person, and also conferred with an investigator from the public defender\u2019s office, who represented other respondents. However, Fabela did not speak with any of the investigators or attorneys from the State\u2019s Attorney\u2019s office who attempted to interview him, nor did he speak with an assistant State\u2019s Attorney who approached him before he testified at trial.\nRespondent also testified on her own behalf. According to respondent, she was walking to her grandmother\u2019s house with four girls. Two of the girls in the group of six were not actually with her. The girls were talking amongst themselves and upon approaching Rosalinda\u2019s house, she heard Rosalinda say, \u201cWhat did you say? Can you say it to my face?\u201d Respondent then stopped, at which point Rosalinda jumped over the gate and came up to respondent, causing her to move back about two feet. Rosalinda again stated, \u201cSay it to my face.\u201d Respondent asked, \u201cSay what?\u201d and Rosalinda then pushed her backwards. Respondent stumbled back and they started to fight, falling to the ground at some point and then rolling around. Respondent testified that Rosalinda hit her multiple times. Respondent admitted that she also struck the victim, but never with a bottle, and she never banged Rosalinda\u2019s head against the ground, nor did anyone kick her.\nRespondent testified that after the fight, she had scratch marks and bruises on her body from the victim\u2019s punches and scratches, and abrasions on her knees and elbows from rolling around. She never sought medical treatment for her injuries, nor did she contact the police to report that Rosalinda had beaten her. Respondent\u2019s grandmother took pictures of her injuries about a week after the incident, and they were admitted at trial. Rosalinda admitted that the photographs depicted injuries that included wounds caused by her fists.\nTwo reputation witnesses also testified on behalf of respondent, Jack Wilson and Suzie Jimenez, neither of whom was present when the incident happened. Wilson, a vice president of a local small truck parts distributing company, lived in the neighborhood for 36 years and had known respondent for about 7 years. Wilson testified that he is a good friend of respondent\u2019s family. Respondent was Wilson\u2019s daughter\u2019s counselor at the Bettenhouse Community Settlement for two years, where respondent supervised around 20 to 25 children from Bridgeport. Wilson testified that, based on conversations with his daughter and others, respondent was known in the community as a truthful and peaceful person.\nJimenez was a real estate broker and also worked as an organizer for Chicago Alternative Policing Strategy (CAPS). Jimenez became familiar with respondent through her work. Jimenez testified that, based on her conversations with various members of the community with whom she dealt as a CAPS organizer, respondent\u2019s reputation for peacefulness and truthfulness was good. Defense counsel then asked Jimenez whether she was aware of Rosalinda\u2019s reputation for peacefulness through her contacts as a CAPS community organizer, whereupon the State objected, based on a lack of foundation. The trial court sustained the objection, ruling that defense counsel failed to lay the proper foundation for such testimony. When defense counsel again attempted to elicit the reputation testimony, this time based on her \u201cexperience as a resident of that community,\u201d as well as her experience as a CAPS community organizer, the trial court again sustained the foundation objection. In an offer of proof, defense counsel represented that if allowed, Jimenez would have testified that Rosalinda\u2019s reputation in the community for peacefulness and truthfulness was not good.\nThe trial court found respondent delinquent on both counts of aggravated battery. In reaching its decision, the court noted that it had considered all of the evidence, and reviewed all of the testimony and arguments of the parties, as well as the case law and applicable statutes submitted by defense counsel. The court specifically found that respondent was not justified in her use of excessive force, even if one assumed that Rosalinda was the initial aggressor, as the response by respondent was unreasonable. The court found that respondent\u2019s continued attacks when she was no longer in any reasonable danger, and the extent and severity of the victim\u2019s injuries, negated her claim of self-defense.\nThe State also filed petitions against respondent\u2019s minor friends alleging aggravated battery that were adjudicated in separate but simultaneous hearings. The trial court acquitted one of the other girls based on her alibi defense, but found the remaining five girls also delinquent based on the aggravated battery of Rosalinda. The court sentenced respondent to five years\u2019 probation, commencing on May 4, 2006, and ordered her to submit a saliva sample for DNA indexing under the controlling statute.\nANALYSIS\nI. Sufficiency of the Evidence\nRespondent argues that she was not proven guilty beyond a reasonable doubt of aggravated battery, because the trial court ignored Fabela\u2019s testimony and rejected her claim of self-defense. On review, the applicable standard is whether the decision of the trial court is against the manifest weight of the evidence. We must determine, after viewing the evidence in the light most favorable to the State, whether any rational trier of fact could have found that the elements of the offense were proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 318, 61 L. Ed. 2d 560, 573, 99 S. Ct. 2781, 2788-89 (1979); People v. Pollock, 202 Ill. 2d 189, 217, 780 N.E.2d 669, 685 (2002). To properly raise a claim of self-defense, there must be evidence of each of the following elements: \u201c(1) that unlawful force was threatened against a person; (2) that the person threatened was not the aggressor; (3) that the danger of harm was imminent; (4) that the use of force was necessary; (5) that the person threatened actually and subjectively believed a danger existed that required the use of force applied; and (6) the beliefs of the person threatened were objectively reasonable.\u201d People v. Lee, 213 Ill. 2d 218, 224-25, 821 N.E.2d 307, 311 (2004). See also 720 ILCS 5/7 \u2014 1 (West 2004). A trier of fact is \u201cnot obligated to accept a defendant\u2019s claim of self-defense,\u201d but instead must consider the probability or improbability of the testimony, the surrounding circumstances, and the testimony of other witnesses. People v. Rodriguez, 336 Ill. App. 3d 1, 15, 782 N.E.2d 718, 729 (2002).\nRespondent argues that the trial court erred when it \u201cignored\u201d the testimony of her neighbor Emmanuel Fabela. However, as the record reflects, the trial court expressly stated that it had considered all of the evidence in reaching its finding of delinquency. Moreover, the court specifically identified portions of Fabela\u2019s testimony that corroborated other evidence, namely, that the girls were unusually loud for the time and location and that they had stopped and congregated behind the victim\u2019s property. However, the court specifically stated that it did not find credible Fabela\u2019s testimony that the victim pushed respondent first. Thus, the record clearly contradicts respondent\u2019s claim that the trial court \u201cignored\u201d Fabela\u2019s testimony.\nIn rejecting respondent\u2019s claim of self-defense, the trial court relied, inter alia, on People v. Balfour, 148 Ill. App. 3d 215, 498 N.E.2d 547 (1986). In Balfour, as in the instant case, the defendant claimed the victim initiated the fight. Nonetheless, entitlement to self-defense was negated by evidence showing that the defendant then proceeded to beat the victim to death by kicking and stomping on him after he was lying unconscious on the ground. Balfour, 148 Ill. App. 3d at 222-23, 498 N.E.2d at 553-54. However, in the instant case, the court found that while Rosalinda may have been up close to respondent, she was not the aggressor and that both Rosalinda\u2019s and respondent\u2019s own testimony supported that finding. The trial court found that respondent punched first, and the attack rapidly escalated from there. Moreover, the court further reasoned that, \u201ceven assuming arguendo\u201d that Rosalinda shoved respondent first, any claim of self-defense could not be \u201creasonably raised\u201d in light of the severity of the beating of Rosalinda and that respondent\u2019s continued attacks were objectively unreasonable and constituted excessive use of force, thereby negating one of the necessary elements of self-defense. We conclude from our review of the record that the severity of Rosalinda\u2019s injuries, contrasted with the few abrasions respondent sustained, manifestly supports the trial court\u2019s finding that respondent\u2019s use of force was unreasonable and excessive, thus warranting rejection of her claim of self-defense.\nWe further find that respondent\u2019s reliance on People v. Bowie, 36 Ill. App. 3d 177, 343 N.E.2d 713 (1976), and People v. Mitchell, 152 Ill. 2d 274, 604 N.E.2d 877 (1992), is entirely misplaced, as the record in the instant case clearly demonstrates that the trial court considered all the evidence in making its credibility determinations. The court\u2019s decision to believe Rosalinda\u2019s account of the attack, rather than respondent\u2019s, is virtually unassailable on appeal. People v. Titone, 115 Ill. 2d 413, 422, 505 N.E.2d 300, 303 (1986) (\u201cIt is peculiarly the prerogative of the trier of fact to judge the credibility of witnesses\u201d). This court will not substitute its judgment for that of the trial court on questions involving the credibility of witnesses. People v. Coleman, 301 Ill. App. 3d 37, 42, 704 N.E.2d 690, 694 (1998). Respondent has not met her burden to show that no rational trier of fact could have found that the elements of the offense were proven beyond a reasonable doubt. Therefore, we will not disturb the judgment of the trial court.\nII. Exclusion of Evidence of Rosalinda\u2019s Reputation\nRespondent next contends that the trial court erred when it sustained the State\u2019s foundation objection, thereby preventing defense counsel from eliciting testimony concerning the violent character of the victim. On review, a trial court\u2019s decision concerning the admissibility of evidence will not be reversed absent a clear abuse of discretion resulting in prejudice to the defendant. People v. Ward, 101 Ill. 2d 443, 455-56, 463 N.E.2d 696, 702 (1984). In meeting that standard, it is incumbent upon the complaining party to demonstrate that the trial court\u2019s determination was \u201carbitrary, fanciful, or unreasonable,\u201d or \u201cwhere no reasonable [person] would take the view adopted by the trial court.\u201d People v. Donoho, 204 Ill. 2d 159, 182, 788 N.E.2d 707, 721 (2003).\nGenerally, character evidence regarding a victim\u2019s propensity for violence is admissible when self-defense is interposed to show that the victim was the aggressor or where there are conflicting accounts about what happened. People v. Lynch, 104 Ill. 2d 194, 199-200, 470 N.E.2d 1018 (1984); In re D.N., 178 Ill. App. 3d 470, 474-75, 533 N.E.2d 84 (1988). Proper foundation for reputation testimony is established when the witness is shown to have \u201cadequate knowledge of the person queried about\u201d and the evidence of reputation is \u201cbased upon contact with the subject\u2019s neighbors and associates rather than upon the personal opinion of the witness. [Citations.]\u201d People v. Moretti, 6 Ill. 2d 494, 523-24, 129 N.E.2d 709, 725 (1955).\nHere, the court specifically stated that its ground for excluding this evidence was based on the fact that Jimenez\u2019s knowledge came solely through her position as a CAPS organizer:\n\u201cCounsel, I don\u2019t know where you are going with this line [of questioning] with respect to her position in the CAPS division.\nAnd this court is familiar with respect to the CAPS volunteers. I don\u2019t know how you are ever going to get into this line of questioning in that reputation unless you are going to on this witness set specific, somewhat specific foundation, but it is not going to come in on this basis.\u201d\nThen defense counsel once more attempted to elicit the reputation testimony, this time based on her \u201cexperience as a resident of that community,\u201d as well as her experience as a CAPS community organizer. Again, however, the record fails to reflect that a satisfactory foundation was laid; that Jimenez\u2019s purported knowledge of Rosalinda\u2019s character was through conversations with either her neighbors or associates.\nAs noted, the decision of whether a witness is sufficiently qualified to testify as to reputation rests within the sound discretion of the trial court and a reviewing court will not disturb it absent an abuse of that discretion. People v. Clauson, 261 Ill. App. 3d 373, 377, 633 N.E.2d 915, 918 (1994). Here, the trial court did not abuse its discretion in excluding the proffered testimony where it was based on discussions with half a dozen unidentified members of the community through the witness\u2019s role as a CAPS organizer, and no evidence was offered to show that the proffered reputation testimony was based on contact with individuals who were Rosalinda\u2019s neighbors and associates.\nThe offer of proof was similarly inadequate to show that the testimony would have been admissible. An offer of proof regarding the reputation testimony sought to be admitted would include the foundation prerequisite to the admission of such evidence at trial (Clauson, 261 Ill. App. 3d at 377, 633 N.E.2d at 918), but here the offer did not address whether any of the people Jimenez spoke with in the \u201ccommunity\u201d were either Rosalinda\u2019s neighbors or associates. This crucial missing link to the victim undermined the requisite foundation for such evidence.\nMoreover, the record also supports the State\u2019s assertion that the reputation evidence was properly excluded because the trial court rejected respondent\u2019s claim of self-defense, thereby rendering any testimony as to Rosalinda\u2019s reputation for peacefulness irrelevant. See In re D.N., 178 Ill. App. 3d 470, 475-76, 533 N.E.2d 84, 88 (1988). Given the trial court\u2019s finding of excessive force, we hold that the court\u2019s ruling was reasonable.\nTherefore, we affirm the trial court\u2019s ruling excluding Jimenez\u2019s proffered character evidence regarding Rosalinda.\nIII. Application of the One-Act, One-Crime Rule in Juvenile Cases\nRespondent submits that the trial court erred in adjudicating her delinquent on two counts of aggravated battery where both counts were based on a single act. In the instant case, the State charged respondent with two counts of aggravated battery based upon sections 12 \u2014 4(a) and 12- \u2014 4(b)(8) of the Criminal Code of 1961. 720 ILCS 5/12 \u2014 4(a), (b)(8) (West 2004). Count I alleged that respondent caused great bodily harm to Rosalinda by striking her in the head multiple times, causing a laceration that required stitches, whereas count II alleged that she struck Rosalinda multiple times, causing lacerations to her face and body, while Rosalinda was on a public way. Because the State charged respondent with the same conduct under different theories of culpability, she argues that under the King doctrine multiple adjudications cannot stand. People v. King, 66 Ill. 2d 551, 559-66, 363 N.E.2d 838, 841-44 (1977). See also People v. Crespo, 203 Ill. 2d 335, 342-44, 788 N.E.2d 1117, 1121-22 (2001).\nThe State initially argues that respondent has waived this argument on appeal by failing to raise this issue orally before the trial court or in her posttrial motion. However, the rule of waiver operates as a limitation on the parties and not as a limitation on the jurisdiction of this court. In re W.C., 167 Ill. 2d 307, 323, 657 N.E.2d 908, 917 (1995), citing In re C.R.H., 163 Ill. 2d 263, 644 N.E.2d 1153 (1994). Notwithstanding respondent\u2019s forfeiture of this claim, in the interest of justice we choose to address this issue. As the issue presents a question of law, our review is de novo.\nThe State submits that the one-act, one-crime rule does not apply to juvenile proceedings, which are \u201cdistinct and different from a criminal prosecution.\u201d In re C.J., 328 Ill. App. 3d 103, Ill, 764 N.E.2d 1153, 1159 (2002), quoting People v. Woodruff, 88 Ill. 2d 10, 18-19, 430 N.E.2d 1120 (1981). The State posits that under the Juvenile Court Act of 1987 (705 ILCS 405/1 \u2014 1 et seq. (West 2004)), \u201cjuvenile offenders are not criminals; proceedings under the Act are not criminal prosecutions; adjudications under the Act are not convictions and a minor so adjudicated does not suffer the consequences of a criminal conviction.\u201d Woodruff, 88 Ill. 2d at 19, 430 N.E.2d at 1124.\nWe reject the State\u2019s argument. In People v. Artis, 232 Ill. 2d 156, 902 N.E.2d 677 (2009), decided after our original opinion was issued, our supreme court declared that the one-act, one-crime rule does indeed apply in juvenile proceedings. In Artis, the court recognized that the protections afforded to defendants by the one-act, one-crime rule are integral to maintaining the integrity of the judicial process. Artis, 232 Ill. 2d at 168, 902 N.E.2d at 684-85. In In re Samantha V., the court reaffirmed its holding in Artis, finding that the trial court violated the rule where, as here, it found respondent guilty of both counts of aggravated battery based upon the same act and failed to merge the counts or otherwise indicate on the record that respondent\u2019s adjudication of delinquency was based on only one count of aggravated battery. In re Samantha V., 234 Ill. 2d at 378, 917 N.E.2d at 499.\nConsistent with Artis and In re Samantha V, and as directed by our supreme court\u2019s supervisory order, we agree that under the one-act, one-crime rule, one of the findings of delinquency entered against respondent should be vacated. Specifically, respondent should be sentenced on the most serious offense and the less serious offense should be vacated. Artis, 232 Ill. 2d at 170, 902 N.E.2d at 686. In determining which offense is the most serious, a reviewing court should consider the plain language of the statutes, as common sense dictates that the legislature would prescribe greater punishment for the offense it deems the more serious. Artis, 232 Ill. 2d at 170, 902 N.E.2d at 686. If the punishments are identical, we then consider which offense has the most culpable mental state. In re Samantha V., 234 Ill. 2d at 379, 917 N.E.2d at 500.\nIn the instant case aggravated battery that causes great bodily harm (720 ILCS 5/12 \u2014 4(a) (West 2004)) and aggravated battery on a public way (720 ILCS 5/12 \u2014 4(b)(8) (West 2004)) are both Class 3 felonies, which require that the offender act intentionally and knowingly when committing the offense. Because we are unable to determine which offense is more serious, we must remand the matter to the trial court for that determination. In re Samantha V., 234 Ill. 2d at 379-80, 917 N.E.2d at 500.\nOn remand, we direct the trial court to correct the \u201cTrial Order,\u201d which indicates that respondent has been found guilty as to counts I and II. We note that the \u201cSentencing Order,\u201d making respondent a ward of the court, and the \u201cProbation Order,\u201d detailing the terms of her sentence, do not list the offenses for which she was found guilty and, therefore, do not require modification.\nIV Modification of Term of Probation\nThe parties agree that respondent\u2019s term of probation should be modified to terminate on respondent\u2019s twenty-first birthday, which is on June 20, 2010. The Juvenile Court Act of 1987 provides that all proceedings under the Act terminate automatically when the minor attains the age of 21 years. 705 ILCS 405/5 \u2014 755 (West 2004). See also In re Jaime P., 223 Ill. 2d 526, 539-40, 861 N.E.2d 958, 966 (2006) (the plain intent of the legislature was to set the age of 21 as the maximum term for disposition, with the limited exception of extended jurisdiction juvenile prosecutions). Therefore, under the clear mandate of the legislature\u2019s provisions in the Juvenile Court Act, as interpreted by the Illinois Supreme Court in In re Jaime E, we modify respondent\u2019s term of probation to terminate on June 20, 2010.\nY. Constitutionality of the Population Statistics Database\nFinally, respondent argues that section 5 \u2014 4\u20143(f) of the Unified Code of Corrections (730 ILCS 5/5 \u2014 4\u20143(f) (West 2004)), the DNA indexing statute, is unconstitutional on the following grounds: violation of her federal and state constitutional right to be free from unreasonable searches and seizures; violation of privacy rights under the Illinois Constitution because minors are entitled to greater privacy rights than adults (Ill. Const. 1970, art. I, \u00a76); and additional privacy intrusions resulting from the creation of a population statistics database accessing highly personal genetic information. Notably, however, the recent Illinois Supreme Court decision In re Lakisha M., 227 Ill. 2d 259, 882 N.E.2d 570 (2008), is precisely on point, as there the Illinois Supreme Court clearly and succinctly rejected all of these arguments except the last one.\nRespondent acknowledges the holding of Lakisha M. in her reply brief, but stands on her opening brief, thus leaving unresolved the issue of the constitutionality of the provision promulgating the creation of a \u201cpopulation statistics database.\u201d The Illinois Supreme Court in Lakisha M. was presented with \u201cas applied\u201d fourth amendment and privacy challenges to the statutory provision for the population statistics database, which it rejected. Here, we are presented with a facial constitutional challenge to the provision under the privacy rights of the Illinois Constitution. Ill. Const. 1970, art. I, \u00a76. In this case, respondent clearly argues that the population statistics database provision is unconstitutional generally, and she does not limit her argument to unconstitutionality as applied to her as a minor or as a nonsexual offender. Thus, the constitutionality of the provision for the use of genetic marker grouping analysis information in the population statistics database presents a justiciable issue, and respondent\u2019s constitutional challenge to the face of the statute is ripe for consideration by this court.\nSince the constitutionality of a statute presents a question of law, our review is de novo. People v. Garvin, 219 Ill. 2d 104, 116, 847 N.E.2d 82, 89 (2006), citing People v. Wilson, 214 Ill. 2d 394, 399, 827 N.E.2d 416 (2005). To successfully challenge a statutory provision on its face, respondent \u201cmust fulfill the difficult task of establishing the statute\u2019s invalidity under any set of facts.\u201d (Emphasis in original.) Garvin, 219 Ill. 2d at 117, 847 N.E.2d at 89, citing People v. Greco, 204 Ill. 2d 400, 407, 790 N.E.2d 846 (2003). Therefore, we must begin with the presumption that section 5 \u2014 4\u20143 is constitutional, and we are constrained to construe this section as constitutional \u201cwhenever reasonably possible.\u201d Garvin, 219 Ill. 2d at 116, 847 N.E.2d at 89, citing Wilson, 214 Ill. 2d at 398-99, 827 N.E.2d at 419-20. As the challenger in this case, respondent bears the heavy burden of demonstrating a clear constitutional violation. Garvin, 219 Ill. 2d at 116, 847 N.E.2d at 89, citing Wilson, 214 Ill. 2d at 399, 827 N.E.2d at 419-20.\nRespondent asserts that the use of genetic marker grouping analysis for a \u201cpopulation statistics database\u201d under section 5 \u2014 4\u2014 3(f)(iii) raises Illinois constitutional privacy concerns because that phrase is undefined. Moreover, she claims the statute \u201cappears to allow the State to statistically chart personal genetic information\u201d obtained from offenders\u2019 DNA to \u201cdetermine the characteristics most often attributed to offenders\u201d and is \u201cseemingly allowing behavioral research on possible genetic links between race, gender, genetic-based behavioral disorders, or physical characteristics and certain types of criminal behavior.\u201d\nRespondent\u2019s argument clearly misapprehends the very nature of the information that is included in the database, as well as the legitimate use of the information it contains. As will be demonstrated, the genetic markers that are analyzed and maintained within the database simply do not contain the type of genetic information assailed by respondent. A cursory review of the widely accepted and commonly understood theory and technology of DNA profiling will serve to dispel respondent\u2019s misconceptions. Additionally, an analysis of the enactment and the statutory scheme will reveal the legislative intent relative to respondent\u2019s facial constitutional challenge.\nDNA is composed of the familiar double-helix strand of nucleotide base pairs which form the sugar-phosphate \u201cdouble ladder\u201d backbone of the DNA on a chromosome. Chromosomes are found in the nucleus of a cell. However, within DNA, there are \u201ccoding\u201d sections of base pairs that are the \u201cgenes,\u201d and \u201cintrons\u201d or intervening sequences that do not code for any human traits or characteristics, sometimes referred to as \u201cjunk\u201d DNA. J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 13-17 (2001). Markers used for human identity testing are found in the DNA either between the genes or within genes and simply do not code for genetic variation. The location of \u201cmarkers\u201d in these highly polymorphic or variable regions is called a \u201clocus\u201d (plural \u201cloci\u201d), and a variant of the DNA sequence at a given locus on a chromosome is called an \u201callele.\u201d J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 13-17 (2001).\nIn its earliest form, DNA forensic technology focused upon those parts of the DNA molecule where there is a significant variation of base pair patterns. People v. Miller, 173 Ill. 2d 167, 184-85, 670 N.E.2d 721, 730 (1996). Identified and denominated \u201cVariable Numbers of Tandem Repeats\u201d (VNTRs), these areas of DNA are particularly convenient as markers for forensic identification because they contain a very large number of tandem repeat units of differing base pair lengths. National Research Council, The Evaluation of Forensic DNA Evidence 14 (1996). The VNTRs themselves are not genes, as they do not code for any particular human characteristic or trait. Rather, they are noncoding regions that produce no product and have no known effect on the person other than for forensic identification determination. National Research Council, The Evaluation of Forensic DNA Evidence 14 (1996).\nOver the years, the technology evolved and now focuses on a class of polymorphisms in DNA called \u201cShort Tandem Repeats\u201d (STRs), which are even shorter in base pair length. STRs are readily amplified by a process known as \u201cpolymerase chain reaction\u201d (PCR) technology. The number of repeats in STR markers can be highly variable among individuals which makes them particularly desirable for identification determinations. See J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 53 (2001). Like VNTRs, the current technology of STRs also focuses upon the small noncoding regions of the DNA molecule, or the \u201cjunk\u201d DNA. The number of repeats of a specific STR sequence present at a given locus, combined over a designated number of loci, creates a unique DNA \u201cprofile\u201d of an individual. J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 18 (2001).\nFrom its inception, DNA profiling or testing has involved two distinct procedures or analyses. The first procedure is biological and goes toward identification to determine if there is a \u201cmatch,\u201d a laboratory determination that the suspect cannot be excluded as the source of genetic material found at the crime scene or on the victim. See People v. Watson, 257 Ill. App. 3d 915, 930, 689 N.E.2d 634, 637 (1994), aff\u2019d on appeal after remand, 214 Ill. 2d 271, 825 N.E.2d 257 (2005).\nThe second procedure, grounded in population genetic statistics, is employed only in the event of a nonexclusion utilizing a database to calculate the probability of a random \u201cmatch.\u201d As the court in Watson explained, this analysis generates a statistical likelihood that an unrelated person chosen at random from a particular population could have the same DNA \u201cprofile\u201d as the suspect. Watson, 257 Ill. App. 3d at 918-19, 629 N.E.2d at 637. At the time Watson was decided, the method of calculating these statistical probabilities had not yet been generally accepted in the relevant scientific community. Since then, however, the Illinois Supreme Court has held that the methodology at issue (the \u201cproduct rule\u201d) in probability statistics had become generally accepted by experts and courts and accordingly is admissible. Miller, 173 Ill. 2d at 188-89, 670 N.E.2d at 731.\nPopulation statistics databases have thus been employed as a valuable tool in the development of DNA profiling to establish the likelihood or probability of a \u201cmatch\u201d in a way that is meaningful as well as understandable to the trier of fact. Early on, in People v. Miles, 217 Ill. App. 3d 393, 404-05, 577 N.E.2d 477, 484-85 (1991), the court upheld the admissibility of DNA forensic testing procedures as well as the use of a database to determine the statistical probability of a \u201cmatch.\u201d The defendant\u2019s DNA was matched to samples from the crime scene, and then compared to information from the Cellmark laboratory\u2019s database to determine the likelihood of a random match to any other African-American in the community. Miles, 217 Ill. App. 3d at 404-05, 577 N.E.2d at 484-85.\nInterestingly, statistical probability projections actually predate DNA profiling, particularly with regard to serology testing. In People v. Contreras, 246 Ill. App. 3d 502, 508, 615 N.E.2d 1261, 1266 (1993), a forensic geneticist testified that electrophoresis testing on samples taken from the defendant revealed a rare genetic variant that was likewise present in the crime scene evidence. In turn, population statistics databases were used to determine the frequency with which the variant occurred in the male Mexican-American population, of which the defendant was a part. The court upheld the admission of this testimony based on the threshold reliability of the population statistics databases. Contreras, 246 Ill. App. 3d at 511, 615 N.E.2d at 1268.\nThe use of population statistics databases thus evolved out of the necessity to estimate the random match probability of a possible source of a DNA profile occurring within the appropriate reference population. As the Illinois Supreme Court recognized in Miller: \u201cFor a match to be meaningful, a statistical analysis is required. The statistical analysis determines the frequency in which a match would occur in a database population.\u201d Miller, 173 Ill. 2d at 185, 670 N.E.2d at 730. The identity of the other profiles in the database is of no significance in calculating these random statistical probabilities.\nIn 1989, a working group sponsored by the Federal Bureau of Investigation (FBI) laboratory provided the framework for a combined DNA Index System among crime laboratories to share DNA profiles, much like the fingerprint matching system. Thereafter, the DNA Identification Act of 1994 formally authorized the FBI to maintain the Combined DNA Index System (CODIS) with input of DNA profiles from local, state and national levels. All three levels contain the convicted offender and casework indexes and the population data file. There are now 13 STR loci that are analyzed by the FBI and used for comparison of unknown profiles obtained from crime scene evidence with the known profiles in the database. Again, these markers \u201care in the non-coding regions of the DNA and are not known to have any association with a genetic disease or any other genetic predisposition.\u201d J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 241-45 (2001). In the CODIS system, the profiles consist of a specimen identifier that references the originating forensic laboratory, together with the number of tandem repeats for each of the alleles comprising the 13 STR loci. CODIS does not contain any personal identity information, such as names, dates of birth, or social security numbers. J. Butler, Forensic DNA Typing: Biology & Technology Behind STR Markers 242 (2001).\nIn Illinois, through subsequent enactments, our legislature has recognized the distinction between the two procedures of biological testing of the sample and calculating the statistical probability of a random match. Section 116 \u2014 3(a) of the Code of Criminal Procedure of 1963 (725 ILCS 5/116 \u2014 3(a) (West 2004)) provides:\n\u201cA defendant may make a motion before the trial court that entered the judgment of conviction in his or her case for the performance of fingerprint or forensic DNA testing, including comparison analysis of genetic marker groupings of the evidence collected by criminal justice agencies pursuant to the alleged offense, to those of the defendant, to those of other forensic evidence, and to those maintained under subsection (f) of Section 5 \u2014 4\u20143 of the Unified Code of Corrections, on evidence that was secured in relation to the trial which resulted in his or her conviction, but which was not subject to the testing which is now requested because the technology for the testing was not available at the time of trial.\u201d 725 ILCS 5/116 \u2014 3(a) (West 2004) (added by Pub. Act 90 \u2014 141, \u00a75, eff. January 1, 1998, and amended by Pub. Act 93\u2014 605, \u00a715, eff. November 19, 2003).\nSection 116 \u2014 3 opened a door for convicted defendants who maintain their innocence to test genetic material capable of providing \u201cnew and dramatic evidence materially relevant to the question of the defendant\u2019s actual innocence.\u201d People v. Henderson, 343 Ill. App. 3d 1108, 1114, 799 N.E.2d 682, 688 (2003). As section 116 \u2014 3(a) authorized \u201cforensic DNA testing, including comparison analysis of genetic marker groupings of the evidence\u201d (725 ILCS 5/116 \u2014 3(a) (West 2004)), it is readily apparent that the statute encompasses both the biological and genetic statistical probability components of DNA profiling. However, in later legislation, section 116 \u2014 5 of the Code of Criminal Procedure, enabling a defendant to move for a DNA database search of genetic marker grouping comparisons, did not embrace the biological component, but solely the genetic analysis aspects of the science. The search may include the \u201cgenetic profile\u201d of the defendant, the forensic evidence (secured in relation to the trial), or the genetic profiles of offenders that are maintained in the section 5 \u2014 4\u20143(f) database. 725 ILCS 5/116 \u2014 5(a) (West 2004). Also, \u201c[i]f requested by the defense, a defense representative shall be allowed to view any genetic marker grouping analysis conducted by the Department of State Police.\u201d 725 ILCS 5/116 \u2014 5(c) (West 2004) (added by Pub. Act 93 \u2014 605, \u00a715, eff. November 19, 2003). By its language, the statute strictly limits this viewing to genetic marker analysis; that is, viewing the computerized patterns of the genetic marker groupings within the database, rather than the initial biological testing of the samples themselves.\nSimilarly, the terms DNA or genetic \u201cprofile\u201d and \u201cgenetic marker grouping analysis\u201d are used interchangeably in the statutory provisions relating to the DNA database. Section 5 \u2014 4\u20143 of the Unified Code of Corrections, which requires the extraction of DNA samples for persons convicted of or found delinquent for certain offenses, uses the terms \u201cgenetic marker groups\u201d and \u201cgenetic marker grouping analysis.\u201d 730 ILCS 5/5 \u2014 4\u20143 (West 2004). Section 5 \u2014 4\u20143(d\u20142) instructs that the samples obtained \u201cshall thereafter be forwarded to the Illinois Department of State Police, Division of Forensic Services, for analysis and categorizing into genetic marker groupings\u201d (emphasis added), and these \u201cgenetic marker groupings\u201d shall be maintained by the Illinois Department of State Police, Division of Forensic Services. 730 ILCS 5/5 \u2014 4\u20143(d\u20142), (e) (West 2004). Additionally, section 5 \u2014 4\u2014 3(f) provides that all genetic marker grouping analysis information shall be maintained \u201cin a single State data base, which may be uploaded into a national database.\u201d 730 ILCS 5/5 \u2014 4\u20143(f) (West 2004).\nMoreover, contrary to respondent\u2019s assertions, procedures do indeed exist mandating the removal of individuals\u2019 names or other identifiers from the genetic marker groupings in the population statistics database. The Illinois State Police are directed by regulation to ensure privacy protection in that the material stored for forensic purposes may be used for a population statistics database only \u201cif personal identifying information is removed.\u201d 20 Ill. Adm. Code \u00a71285.60(b), amended at 31 Ill. Reg. 9249, eff. June 12, 2007. The regulation underscores the fact that the population statistics database is maintained for the purpose of estimating allele frequencies within the referenced population after the initial biological determination of an ostensible \u201cmatch.\u201d See J. Kimmelman, Risking Ethical Insolvency: A Survey of Trends in Criminal DNA Databanking, 28 J.L. Med. & Ethics 209, 211 (2000). We stress again that the science of DNA \u201cfingerprinting\u201d to obtain the profiles transmitted and ultimately included within the single database simply does not use those portions of a subject\u2019s DNA that actually code for genetic characteristics.\nOf course, the presence of some identifying information within the Illinois State Police database of all DNA profiles is necessary to determine whether someone is included or excluded as the possible offender, otherwise there would be no way to identify to whom a profile belongs. The FBI\u2019s CODIS system turns to state and local crime laboratories for such identifying information in the event of a database match.\nTurning to a direct analysis of the face of section 5 \u2014 4\u20143(f)(iii), it is clear that the language of the statute itself and the statutory scheme show that this practical understanding and usage is what the legislature intended. \u201cThe cardinal rule of statutory interpretation, to which all other rules are subordinate, is to ascertain and give effect to the intent of the legislature.\u201d People v. Maggette, 195 Ill. 2d 336, 348, 747 N.E.2d 339, 346 (2001). A court must consider the entire statute and interpret each of its relevant parts together. Paris v. Feder, 179 Ill. 2d 173, 177, 688 N.E.2d 137, 139 (1997). Here, in looking at all relevant parts of the statute as a whole, it is apparent that but one database is used inter alia to identify or exclude potential suspects or offenders as well as for random statistical probability calculations.\nBy its terms, section 5 \u2014 4\u20143(f)(iii) clearly manifests the legislative purpose delineated in the indexing statute. Thus, the enactment expressly limits the authorized uses of the genetic marker grouping analysis information to:\n\u201c(i) valid law enforcement identification purposes and as required by the Federal Bureau of Investigation for participation in the National DNA database, (ii) technology validation purposes, (iii) a population statistics database, (iv) quality assurance purposes if personally identifying information is removed, (v) assisting in the defense of the criminally accused pursuant to Section 116 \u2014 5 of the Code of Criminal Procedure of 1963, or (vi) identifying and assisting in the prosecution of a person who is suspected of committing a sexual assault as defined in Section la of the Sexual Assault Survivors Emergency Treatment Act.\u201d 730 ILCS 5/5 \u2014 4\u20143(f) (West 2004).\nThe law enforcement purpose in maintaining the database as a means to identify or exclude suspects is further evidenced by the fact that the release of such information is only allowed to designated persons. The statute specifically provides:\n\u201cThe genetic marker grouping analysis information obtained pursuant to this Act shall be confidential and shall be released only to peace officers of the United States, of other states or territories, of the insular possessions of the United States, of foreign countries duly authorized to receive the same, to all peace officers of the State of Illinois and to all prosecutorial agencies, and to defense counsel as provided by Section 116 \u2014 5 of the Code of Criminal Procedure of 1963.\u201d 730 ILCS 5/5 \u2014 4\u20143(f) (West 2004).\nThus, by this enactment, the legislature has codified the accepted forensic science uses of DNA profiling both in apprehending or excluding suspects and in calculating statistical probabilities of DNA profiles for use in criminal trials. The statute itself does not define the terms \u201cgenetic marker grouping analysis\u201d and \u201cpopulation statistics database,\u201d perhaps because they are so commonly used and understood in the area of forensics and criminal law that the legislature deemed it unnecessary to define them. At any rate, the commonly understood meaning of these terms, the other statutory provisions and statutory scheme as a whole clarify their meaning.\nOur supreme court has likewise placed its imprimatur on the statute in holding that the primary purpose of section 5 \u2014 4\u20143 is the creation of a criminal DNA database. Garvin, 219 Ill. 2d at 119, 847 N.E.2d at 90. The appellate courts have also recognized that \u201c[t]he statute\u2019s primary purpose is to create and maintain a database that can be used to identify felons and compare samples taken from crime scenes to convict or exonerate individuals.\u201d People v. Edwards, 353 Ill. App. 3d 475, 486, 818 N.E.2d 814, 821 (2004).\nFurther, the statute provides additional protection in that one who uses the \u201cgenetic marker grouping analysis information, or any other information derived from a DNA sample, beyond the authorized uses as provided under this Section, or any other Illinois law, is guilty of a Class 4 felony, and shall be subject to a fine of not less than $5,000.\u201d 730 ILCS 5/5 \u2014 4\u20143(f\u20145) (West 2004). Clearly, the statute limits the use of its single DNA database to the purposes set forth in the enactment. Moreover, the legislative recognition and authorized use of the population statistics database is again simply a universal facet of DNA profiling allowing for the calculation of statistical probability estimates when DNA evidence is admitted in criminal trials.\nIn summary, respondent\u2019s alleged fear of the use of the population statistics database for monitoring personal information, for unauthorized \u201cbehavioral research\u201d or to discriminate against certain individuals or groups is manifestly groundless. As courts have recognized, \u201c[njowhere in section 5 \u2014 4\u20143 is the gathering of \u2018uniquely private genetic facts\u2019 authorized.\u201d People v. Butter, 354 Ill. App. 3d 57, 68, 819 N.E.2d 1133, 1141 (2004). All 50 states and the federal government have adopted genetic marker testing and storage statutes similar to the one here in Illinois, and rejected constitutional challenges. See People v. Garvin, 349 Ill. App. 3d 845, 853-54, 812 N.E.2d 773 (2004) (statutes cited therein). Therefore, respondent\u2019s facial constitutional challenge to the statute under the Illinois Constitution\u2019s privacy clause must fail.\nLastly, we reject respondent\u2019s argument that the lack of an anonymity provision for the population statistics database under section 5 \u2014 4\u20143(f)(iii) renders the statute unconstitutional for this reason. As the court in Edwards recognized, \u201cthe State has a strong interest in obtaining reliable DNA identification evidence and in properly identifying convicted felons.\u201d Edwards, 353 Ill. App. 3d at 483, 818 N.E.2d at 821. In practical application, the presence of limited identifying information within the crime laboratory is necessary for identifying or excluding possible offenders, and, as we explained above, the Illinois State Police regulation mandates that genetic marker grouping information may be used in the population statistics database only if all personal identifying information is removed. Therefore, respondent\u2019s facial challenge to the statute on this additional basis also fails. Moreover, she has not shown that the statute is invalid under any set of circumstances. See Garvin, 219 Ill. 2d at 117, 847 N.E.2d at 89.\nCONCLUSION\nFor the foregoing reasons, we affirm the judgment of the circuit court and remand the matter with directions to vacate one finding of delinquency, correct the \u201cTrial Order,\u201d and modify the term of respondent\u2019s probation to terminate on June 20, 2010.\nAffirmed and remanded with directions.\nO\u2019MARA FROSSARD, PJ., and FITZGERALD SMITH, J., concur.", "type": "majority", "author": "PRESIDING JUSTICE TOOMIN" } ], "attorneys": [ "Michael J. Pelletier and Justyna Garbaczewska, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.", "Anita M. Alvarez, State\u2019s Attorney, of Chicago (Douglas Harvath and Brian Hodes, Assistant State\u2019s Attorneys, of counsel), for the People." ], "corrections": "", "head_matter": "In re JESSICA M., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. Jessica M., a Minor, Respondent-Appellant).\nFirst District (5th Division)\nNo. 1\u201406\u20142007\nOpinion filed March 19, 2010.\nMichael J. Pelletier and Justyna Garbaczewska, both of State Appellate Defender\u2019s Office, of Chicago, for appellant.\nAnita M. Alvarez, State\u2019s Attorney, of Chicago (Douglas Harvath and Brian Hodes, Assistant State\u2019s Attorneys, of counsel), for the People." }, "file_name": "0730-01", "first_page_order": 746, "last_page_order": 766 }