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People v. Boclaire

OCTOBER 28, 1975.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLANT,

v.

VALL BOCLAIRE ET AL., DEFENDANTS-APPELLEES.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN A. POWER and the Hon. JOHN P. McGURY, Judges, presiding.

MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

Defendants, Vall Boclaire and Frank Morgan, minors, were charged in separate delinquency petitions for adjudication of wardship in the juvenile division of the circuit court of Cook County with murder and armed robbery. On two separate occasions, Judge McGury of the juvenile division expressed his objections to the State's motion to transfer defendants to the adult criminal division. Despite Judge McGury's rulings, the State sought and obtained indictments for murder and armed robbery. Judge Power, presiding judge of the criminal division, granted defendants' motion to quash the indictments. The State now appeals. Ill. Rev. Stat. 1973, ch. 110A, par. 604(a)(1). *fn1

There is no need to set out the details of the murder and armed robbery involved. Suffice it to say that Judge McGury did find that there was probable cause to believe that defendants had committed the crimes charged. The relevant facts are as follows:

Four youths committed a murder and armed robbery on December 15, 1973. Defendants, Vall Boclaire, then 13 1/2 years old, and Frank Morgan, then 15 years old, were arrested for those crimes. Delinquency petitions charging defendants with those crimes were filed in the juvenile division of the circuit court on December 17, 1973.

On February 7, 1974, Judge McGury objected to the State's motion to transfer defendant Boclaire to the adult criminal division. On February 11, 1974, Judge McGury also objected to the State's motion to transfer defendant Morgan to the adult criminal division.

On February 21, 1974, the grand jury at the instigation of the State's Attorney heard evidence and then returned an indictment charging both defendants with murder and armed robbery.

On February 22, 1974, Judge Costa of the juvenile division granted the State's motion to dismiss the delinquency petition against defendant Boclaire without prejudice. However, on that same day, Judge McGury denied the State's same motion with respect to defendant Morgan.

On March 1, 1974, Judge Power granted defendants' motion to quash the indictment. The State now appeals.

I.

As noted in the footnote, defendants have filed a motion to dismiss the instant appeals. As to Judge McGury's objections to transfer defendants to adult criminal division, defendants argue that those orders are neither final and appealable nor is there any statutory authority permitting the State an interlocutory appeal from such orders. As to Judge Power's quashing of the indictment, defendants argue that under the facts presented, Supreme Court Rule 604(a)(1), upon which the State relies, does not allow the instant appeal.

• 1 During oral argument, the State properly conceded that there is no right to an immediate appeal from a juvenile court's decision on whether or not to transfer a juvenile to the adult criminal division. (People v. Jiles, 43 Ill.2d 145, 251 N.E.2d 529.) Consequently, those portions of the instant appeal from Judge McGury's objections to transfer defendants to the adult criminal division are hereby dismissed.

As to Judge Power's quashing of the indictment, defendants argue that to justify the instant appeal, the State must comply with Supreme Court Rule 604(a)(1). That Rule states:

"In criminal cases the State may appeal only from an order or judgment, the substantive effect of which results in dismissing a charge for any of the grounds enumerated in section 114-1 of the Code of Criminal Procedure of 1963; arresting judgment because of a defective indictment, information or complaint; quashing an arrest or search warrant; or suppressing evidence." (Ill. Rev. Stat. 1973, ch. 110A, par. 604(a)(1).)

Defendants contend that because at the time the indictment was quashed, juvenile proceedings, based on the same underlying charges, were still pending, at least as to defendant Morgan, *fn2 the "substantive effect" of the order quashing the indictment did not result in "dismissing a charge." Defendants conclude that Rule 604(a)(1) has not been complied with and request that the instant appeal be dismissed.

In the instant case, defendants filed written motions in the trial court to quash the indictment alleging that the adult criminal division did not have "jurisdiction" over the juvenile defendants. A complete reading of the proceedings before Judge Power ...


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