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In Re Tingle

OPINION FILED AUGUST 19, 1977.

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

v.

ALBERT TINGLE, RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. AUBREY F. KAPLAN, Judge, presiding.

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

Respondent, Albert Tingle, a minor, appeals from an adjudication of delinquency *fn1 rendered by the circuit court under the Juvenile Court Act (Ill. Rev. Stat. 1975, ch. 37, par. 701-1 et seq.) (the Act) and presents the following issues for review: (1) whether the trial court's admonishment as to the potential consequences of his judicial admission was inadequate; and (2) whether the trial court deprived itself of jurisdiction to render a dispositional order by failing to explicitly adjudicate wardship.

It appears the respondent had been under the supervision of the juvenile court since 1973 pursuant to several petitions stating that he was ungovernable. (Ill. Rev. Stat. 1973, ch. 37, par. 702-3.) Then on March 20, 1975, a petition seeking an adjudication of wardship was filed based upon the allegation that he was delinquent in having committed the offenses of unlawful use of a weapon (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(a)(1)) and robbery (Ill. Rev. Stat. 1973, ch. 38, par. 18-1). Initially, he denied the unlawful use of a weapon; however, after a discussion with the State through his counsel he sought to withdraw the denial and enter an admission. After ascertaining his age and general proficiency at linguistic skills, the court engaged in the following admonishment:

"THE COURT: You have been charged with U.U.W. That is carrying a knife around that had a four and one half inch blade. Do you know about that?

MR. TINGLE: Yes, sir.

THE COURT: Now, that is a criminal offense. You have a right to a trial. You have a right to have the witnesses who know something about it, come in and tell what they saw, what they heard, and what they did.

Your lawyer, the Public Defender, could question them to be sure they weren't mistaken and weren't lying about you.

The Court would help you to bring in anybody who could testify in your favor.

You could be silent at your trial. You wouldn't have to say anything or do anything, and that couldn't be held against you.

I would have to be convinced beyond a reasonable doubt that you did what you are accused of.

Do you understand that?

MR. TINGLE: Yes, sir.

THE COURT: If you admitt [sic] to this charge, your punishment will ...


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