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In Re Hardman

OPINION FILED MAY 26, 1976.

IN RE CARL B. HARDMAN, A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

CARL B. HARDMAN, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. JAMES P. PIRAGINE, Judge, presiding.

MR. JUSTICE DIERINGER DELIVERED THE OPINION OF THE COURT:

The minor respondent, Carl B. Hardman, appeals from an order of the Circuit Court of Cook County finding him to be in violation of probation, for which he was committed to the Department of Corrections.

The issues on appeal are whether the respondent was given notice of the proceedings against him and whether it was error to commit him to the Department of Corrections.

Pursuant to a petition for adjudication of wardship, the minor respondent was found delinquent on October 9, 1974, in that he had committed the offense of theft in violation of section 16-1(a)(1) of the Illinois Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 16-1(a)(1)). A petition for supplemental relief was filed on November 4, 1974, charging that the respondent was uncontrollable in violation of section 2-3(a) of the Juvenile Court Act (Ill. Rev. Stat. 1973, ch. 37, par. 702-3(a)). At a hearing for probation violation on November 21, 1974, the court found the respondent to be in violation of probation and committed him to the Department of Corrections.

The respondent first contends he was not given notice that he was charged with violation of probation for using drugs and was therefore denied due process of law. The transcript of proceedings indicates that both the State and the respondent's appointed counsel were going forward on the basis of probation violation:

"THE COURT: Let her answer. Are you going on violation of probation or are you going on a straight trial, denial, supplemental or trial?

MR. HARRIS [Assistant State's Attorney]: It is on violation.

MISS PLACEK [Assistant Public Defender]: Violation."

The respondent's mother testified he went berserk and had to be restrained, that he hit her in the chest and hit his sister in the stomach. She testified he was "dizzy off of pills" and had used drugs on several occasions.

The respondent testified he might have been in a drugged state when he attacked his mother and sister, and stated he had no memory of what happened. On cross-examination he testified he used drugs as regularly as he could afford to.

The court then made the following statements in reaching its finding of violation of probation:

"THE COURT: * * * Through his own admission, he said he took drugs, isn't that a violation of probation. He admitted it on direct examination.

[The supplemental petition] doesn't allege battery. It says he was uncontrollable, could not be controlled by the mother in what he did. He, himself, says when he takes the drugs, he is numb. I think he convicted himself of the finding of violation. There is no question. He uses drugs, he said he was numb after he takes these drugs. The mother testified that they had to tie his hands. He makes admission on the stand that he is using drugs, which is a direct violation of his probation."

• We believe the court's finding of violation of probation appears to have been based on both the testimony of the mother with respect to his going berserk and the respondent's own testimony regarding the use of drugs. The court's statements noting the respondent's admissions with respect ...


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