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In Re Burke

OPINION FILED APRIL 1, 1976.

IN RE MARVIN BURKE, A/K/A DUNCAN, A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

MARVIN BURKE, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. ERWIN MARTAY, Judge, presiding.

MR. JUSTICE MCNAMARA DELIVERED THE OPINION OF THE COURT:

Respondent, Marvin Burke, a juvenile, was adjudicated a delinquent and was declared a ward of the circuit court of Cook County, juvenile division, for having committed the crime of criminal trespass to vehicles. He was committed to the Department of Corrections.

Respondent's initial contention, which is dispositive of the appeal, is that the trial court violated his constitutional rights in accepting his admission to the charge without properly admonishing him. At the hearing, the following colloquy occurred prior to the entry of the admission:

"THE COURT: Under the circumstances, the Court had the Public Defender, who is acting as Guardian ad Litem, interview the respondent and is taking a plea on Count No. 2, criminal trespass to vehicle.

Young man, when this lady spoke to you as your lawyer, were you advised of your rights?

RESPONDENT: Yes.

THE COURT: Were you advised that you had a right to trial in open court?

RESPONDENT: Yes.

THE COURT: That you have a right to deny the charge.

Do you admit or deny that you were in a stolen car?

RESPONDENT: Admit.

THE COURT: You are doing this of your own free will. You understand I could send you away to the Department of Corrections where you could be held until you are 21.

Voluntary admission Count 2."

The record reflects that the trial court appointed the assistant public defender as guardian ad litem for respondent because the latter's parents refused to come to court. Respondent also informed the court that he refused to go home to his parents. Respondent previously had run away and had ...


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