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In Re Haggins

OPINION FILED MAY 12, 1976.

IN RE JEFFERY HAGGINS, A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

JEFFERY HAGGINS, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. RICHARD K. COOPER, Judge, presiding.

MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:

Respondent, Jeffery Haggins, brings this appeal from an order of the Circuit Court, Juvenile Division, wherein he was adjudged to be a delinquent and was committed to the Department of Corrections. The order was entered pursuant to respondent's admission to the charge of battery.

The respondent raises the following issues: (1) whether Illinois Supreme Court Rule 402 — rules on criminal proceedings for pleas of guilty — is applicable to a juvenile delinquency hearing when an admission is made and (2) whether the trial court failed to substantially comply with Rule 402 in accepting the minor's admission.

The facts of the instant case are brief. On October 17, 1974, a petition for adjudication of wardship was filed alleging Jeffery Haggins, a 16-year-old minor, was delinquent in that he, on October 16, 1974, committed the offense of battery in that he knowingly and intentionally, without legal justification, made physical contact of an insulting nature with Cornell Delworth. On October 18, 1974 a hearing to determine delinquency was held. At that hearing the public defender stated to the court he had advised Haggins of his constitutional rights and the consequences of waiving those rights. The public defender then stated Jeffery was going to enter an admission to the petition which charged him with battery. After this statement was made the following colloquy took place between the court and the minor:

"THE COURT: You understand, Mr. Haggins, you admit to the offense of battery?

THE MINOR: Yes.

THE COURT: You understand what battery is, you struck somebody?

A: Yes.

THE COURT: Are you admitting it because it is true?

A: Yes.

THE COURT: Can you tell me why you did this?

THE MINOR: We were talking at first, I guess he was going to hit me. I turned and hit him back. I caught him before he had a chance to hit me.

THE COURT: He did not ...


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