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In Re Johnson

OPINION FILED JULY 22, 1976.

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

v.

TERRY JOHNSON, RESPONDENT-APPELLANT.)



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

MR. PRESIDING JUSTICE MEJDA DELIVERED THE OPINION OF THE COURT:

Respondent, Terry Johnson, a minor, appeals from an order of the circuit court of Cook County committing him to the Juvenile Division of the Department of Corrections for the offense of robbery. He contends that a judicial "admission" made by him should have been rejected by the trial court because it was unsupported and negated by the record, and that the trial court was without jurisdiction to commit him because he had not been found delinquent nor adjudicated a ward of the court.

The record discloses that on December 30, 1974, a petition for adjudication of wardship was filed, alleging that respondent — then 15 years old — was delinquent in that on December 28, 1974, he had committed the offense of robbery in violation of section 18-1 of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 18-1). The report of proceedings indicates that respondent was represented by an Assistant Public Defender at his initial court appearance of December 30, 1974, when the following exchange took place:

"The Sheriff: Next case your Honor, is Terry Johnson, sheet 2 line 9.

Mr. Spector [Assistant Public Defender]: I advised him of his right to a trial and also advised him of the possible consequences of an admission, and at this time, Terry would like to make an admission to the charge.

The Court: Terry Johnson, you are admitting to the offense of robbery, you took the purse of one Wilma Rayden, did you? Can you talk?

The Respondent: Yes, sir.

The Court: And is it true that you did it?

The Respondent: I didn't do it, but I was with the boy who did it.

The Court: And now, did you and him share in the money?

The Respondent: Yes, sir.

The Court: Can you tell me why you did a thing like this?

The Respondent: I didn't know he was going to do it, I was riding him on the bike and he just snatched the lady's purse. And then I just rode around and he just gave me $4. And I just gave it back to the police and the ...


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