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In Re F.d.

OPINION FILED OCTOBER 15, 1980.

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

v.

F.D., RESPONDENT-APPELLANT.) — IN RE C.C., A MINOR. — (THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,

v.

C.C., RESPONDENT-APPELLANT.)



APPEAL from the Circuit Court of Kane County; the Hon. WILLIAM H. ELLSWORTH, Judge, presiding.

MR. JUSTICE UNVERZAGT DELIVERED THE OPINION OF THE COURT:

The respondents were charged by amended petitions for adjudication with three counts: theft over $150, burglary and arson. The arson charge was later amended to criminal damage to property over $150. On March 6, 1979, the respondents were adjudicated delinquent in the circuit court of Kane County after entering their admissions to the criminal damage charge. They were ordered to serve a period of probation and orally ordered to make restitution to the victim of the criminal damage charge. The order also reflected that the amount of restitution to be made to the victim of the burglary charge would be determined upon further hearing.

At the start of the restitution hearing on June 19, 1979, the Assistant State's Attorney stated to the court:

"MR. LAXTON: Your Honor, In the Interest of [C.C.], 79 J 1366, and [F.D.], 79 J 1029, these minors were adjudicated delinquent on March 6th on criminal damage to property over $150.

Today the matter is in court for a restitution hearing on a burglary charge which the State nolle prossed at that time as one of the conditions of the agreement.

At this time the State would elect to make a motion to dismiss with prejudice the burglary charge.

THE COURT: Motion granted."

At the continued hearing on July 16, 1979, the following colloquy occurred between the court and the assistant public defender:

"THE COURT: * * * Was this the case that arises out of an admission, or did we have a trial?

MISS BRAWKA: It was on admission, Your Honor.

THE COURT: and —

MISS BRAWKA: Well, if I could clarify that Your Honor. These minors had other charges that were pending. There was an admission on a different charge [criminal damage], not on this [burglary] charge, but —

THE COURT: Yes.

MISS BRAWKA: — but restitution was part of the order for the nolle pros on ...


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