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In Re D.l.b.

OPINION FILED JANUARY 13, 1986.

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

v.

D.L.B., RESPONDENT-APPELLANT).



Appeal from the Circuit Court of Macon County; the Hon. John L. Davis, Judge, presiding.

JUSTICE SPITZ DELIVERED THE OPINION OF THE COURT:

In a proceeding under the Juvenile Court Act (Ill. Rev. Stat. 1983, ch. 37, par. 701-1 et seq.), minor-respondent, D.L.B., entered an admission to a probation violation and was thereafter committed to the Department of Corrections. Respondent appeals, alleging that the circuit court's failure to admonish him of the consequences of his admission and determine that his admission was intelligently made violated his right to due process.

We reverse and remand.

Respondent was adjudicated delinquent on January 28, 1985, and was placed on probation for a term of 15 months. As a condition of probation, respondent was to serve his term at the Gateway facility. On May 31, 1985, the State filed a petition which charged that respondent violated an imposed condition of probation "in that he did on or about May 20, 1985, absent himself from the custody of the Gateway facility * * * after consciously choosing to no longer participate in the program offered by Gateway Foundation as ordered by the court."

A hearing on the alleged probation violation was held on June 21, 1985, and respondent was represented by the public defender. At the onset of the hearing, the court and respondent's counsel engaged in the following colloquy:

"`THE COURT: [D.L.B.] 82-J-263 Assistant State's Attorney present. Probation officer present. Minor present with counsel. Mother present. Cause called for hearing on report of violation of probation. Position of the minor?

[PUBLIC DEFENDER]: [If] the Court please, this is the violation, I take [it], May 30, 1985?

THE COURT: Correct.

[PUBLIC DEFENDER]: In spite of the recommendation that I am aware of, namely that he be sent to the Department of Corrections, I have advised him and his mother of that; and they have advised me that they would admit the allegation of the petition and would like to proceed to a dispositional hearing.

THE COURT: Minor and mother admit the report of violation of probation dated May 30, 1985. Cause called for further dispositional hearing.'"

The court then immediately proceeded with the dispositional hearing. At the conclusion of the hearing, the findings of the circuit court were entered and respondent was committed to the Department of Corrections.

Following the foregoing determination, the court fully admonished the respondent with regard to his appeal rights pursuant to Supreme Court Rule 605(b) (87 Ill.2d R. 605(b)). Among other things, respondent was admonished that before he could appeal, he would be required to file a motion to withdraw his admission and vacate the judgment, alleging error in the proceedings.

The record reveals that no motion to withdraw the admission pursuant to Supreme Court Rule 604(d) was filed (94 Ill.2d R. 604(d)). Rather, on June 26, 1985, respondent's counsel filed a notice of appeal. On appeal, respondent contends that the circuit court's failure to admonish him of the consequences of his admission violated his right to due process of law.

Our initial concern, however, is whether respondent is precluded from a review of this contention because he failed to file a motion to vacate ...


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