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In Re Haggins

OPINION FILED JUNE 1, 1977.

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


Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County, the Hon. Richard K. Cooper, Judge, presiding.

MR. JUSTICE UNDERWOOD DELIVERED THE OPINION OF THE COURT:

Following the filing in the circuit court of Cook County of a two-count petition alleging him to be delinquent by reason of having committed the offenses of battery and intimidation, 16-year-old Jeffery Haggins, represented by the public defender, "entered an admission" to the battery count of the petition. The intimidation charge was dismissed by the State, and respondent was subsequently recommitted to the Department of Corrections. He appealed, the Appellate Court for the First District affirmed (38 Ill. App.3d 542), and we allowed respondent's petition for leave to appeal.

The issue here arises from the alleged inadequacy of the proceedings at the time of respondent's "admission" (the functional equivalent, under the Juvenile Court Act (Ill. Rev. Stat. 1973, ch. 37, par. 701-1 et seq.) of a plea of guilty). Those proceedings included the following colloquy:

"MR. FISHMAN: [assistant public defender] Your Honor, we have advised him of his constitutional rights and the consequences of waiving those rights. We have also spoken to the State's Attorney and as the result of these negotiations and the further conversation with the minor respondent, he will enter an admission to Count I of the petition. The State is asking for a finding.

MR. RAAB: Yes, we are, your Honor.

PAROLE OFFICER: He is on authorized absence from Valley View Illinois Youth Center. He is allowed to come home from Monday to Friday. He is supposed to go back on Saturday. He is on authorized absence. He returns to Valley View on Friday night.

THE COURT: So, he is not on unauthorized absence?

PAROLE OFFICER: No.

THE COURT: You understand, Mr. Higgins [sic] you admit to the offense of battery?

MINOR RESPONDENT: Yes.

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

A. Yes.

THE COURT: Are you admitting it because ...


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