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In Re T.e.

OPINION FILED JUNE 26, 1981.

IN RE T.E., A MINOR, APPELLANT (THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE). — IN RE R.H., A MINOR, APPELLEE (THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT). — IN RE B.W.S., A MINOR, APPELLEE (THE PEOPLE OF THE STATE OF ILLINOIS, APPELLANT). — IN RE S.C.G., A MINOR, APPELLANT (THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE).


No. 53329. — Appeal from the Appellate Court for the Fourth District; heard in that court on appeal from the Circuit Court of McLean County, the Hon. William DeCardy, Judge, presiding.

No. 53344. — Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Lake County, the Hon. Alphonse Witt, Judge, presiding.

No. 53687. — Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Lake County, the Hon. Bernard E. Drew, Jr., Judge, presiding.

No. 53716. — Appeal from the Appellate Court for the Third District; heard in that court on appeal from the Circuit Court of Kankakee County, the Hon. John Michela, Judge, presiding.

MR. JUSTICE MORAN DELIVERED THE OPINION OF THE COURT:

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield, and Dennis P. Ryan and Fred Foreman, State's Attorneys, of Waukegan (Phyllis J. Perko and Barbara A. Preiner, of the State's Attorneys Appellate Service Commission, of Elgin, and Martin Ashley, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, of the Office of the State Appellate Defender, of Springfield (Gary R. Peterson, Elizabeth E. Clarke, Marilyn J. Martin, and Michael Filipovic, Assistant Defenders, of counsel), for appellee.

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield, and Dennis P. Ryan and Fred Foreman, State's Attorneys, of Waukegan (Phyllis J. Perko and Barbara A. Preiner, of the State's Attorneys Appellate Service Commission, of Elgin, and Martin Ashley, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, of the Office of the State Appellate Defender, of Springfield (Gary R. Peterson, Elizabeth E. Clarke, Marilyn J. Martin, and Michael Filipovic, Assistant Defenders, of counsel), for appellee.

Robert Agostinelli, Deputy Defender, and Michael Filipovic, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, and Daniel D. Yuhas, Deputy Defender, and Gary R. Peterson, Elizabeth E. Clarke, and Marilyn J. Martin, Assistant Defenders, of the Office of the State Appellate Defender, of Springfield, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield, and L. Patrick Power, State's Attorney, of Kankakee (Martin N. Ashley, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

In each of the four cases consolidated on appeal, the respective minors were found to be delinquent, were adjudicated wards of the court, and were placed on an indefinite term of probation. Each minor's probation was later revoked and a dispositional order entered. On appeal from an order revoking probation, the appellate court held in each case that the circuit court erred in placing the minor on probation without specifying a definite term. However, the respective districts of the appellate court differed as to the effect of the error on the subsequent revocation. In In re B.W.S. (1980), 84 Ill. App.3d 1197 (order under Supreme Court Rule 23), and in In re R.H. (1980), 82 Ill. App.3d 578, the Second District of the Appellate Court reversed each minor's order granting probation, vacated the subsequent orders revoking probation, and remanded the causes for further proceedings. In In re T.E. (1980), 81 Ill. App.3d 630, the Fourth District of the Appellate Court held that the initial order granting probation without a definite term was erroneous. However, it also ruled that "since the possible maximum term of 5 years had not elapsed at the time of its entry, the order was not void, but at most voidable and subject to clarification." (81 Ill. App.3d 630, 634.) The court, analogizing to In re Brown (1977), 48 Ill. App.3d 171, ruled that the case should be reversed and the cause remanded to the juvenile court to permit that court to fix a definite term of probation and, after doing so, determine whether the act upon which the revocation was based fell within that definite term. The court stated:

"In the instant case it is our view that there was a sufficient evidentiary basis for an order of revocation, if in fact there existed at the time a valid order of probation. The latter will, of course, depend on what definite term of probation might be fixed by the trial court." (81 Ill. App.3d 630, 634.)

In In re S.C.G. (1980), 84 Ill. App.3d 471, the Third District of the Appellate Court, following In re T.E., reversed and remanded the cause to the juvenile court with similar directions. We allowed petitions for leave to appeal in each of the four cases.

To be determined is the effect a dispositional order that places a minor on probation for an indefinite term ...


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