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06/24/88 In Re L.W.

June 24, 1988

IN RE L.W., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Petitioner-Appellee, v.

L.W., Respondent-Appellant)

525 N.E.2d 560, 171 Ill. App. 3d 1056, 121 Ill. Dec. 502 1988.IL.1003

Appeal from the Circuit Court of Lake County; the Hon. Emilio B. Santi, Judge, presiding.

APPELLATE Judges:

JUSTICE UNVERZAGT delivered the opinion of the court. DUNN and NASH, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE UNVERZAGT

The respondent, L.W., a minor, along with two other minors, was adjudicated delinquent and declared a ward of the circuit court of Lake County upon entering an admission to each of two counts: armed violence and aggravated battery. The adjudicatory hearing was held on June 17, 1986. An order of adjudication finding L.W. delinquent and a ward of the court was entered July 8, 1986. On the same date, after a Dispositional hearing, an order was also entered which committed L.W. to the Department of Corrections. Respondent, L.W., appeals the order of adjudication of delinquency and wardship and the order of commitment.

Respondent presents two issues for review: (1) whether the respondent, L.W., was denied the effective assistance of counsel when the assistant public defender also represented two other minors during the proceedings, and (2) whether the trial court erred in declaring L.W. a ward of the court at the adjudicatory hearing rather than at the Dispositional hearing contrary to the provisions of the Juvenile Court Act (Ill. Rev. Stat. 1985, ch. 37, pars. 704-8(2), 705-1(1)).

The People, as petitioner, contend that L.W.'s attorney did not labor under an actual conflict of interest, that respondent did not receive the ineffective assistance of counsel, and that the court did not commit reversible error in adjudicating L.W. a ward of the court at the adjudicatory hearing.

We agree with the petitioner and affirm the judgment of the circuit court.

On April 29, 1986, the petitioner filed a petition for adjudication of wardship alleging that L.W. had committed conspiracy, armed robbery, armed violence, mob action, criminal damage to property, and four counts of aggravated battery. On that date, the respondent stipulated to the criminal damage charge for probable cause purposes. The charges stemmed from an incident on April 27, 1986, when L.W. and two other minors, Bobby Lee McGowan and Deandre Taylor, allegedly attacked two Hispanic men with sticks and a bat. The wallet of German Salgado, one of the victims, was taken. The attack occurred in the area near L.W.'s home. The minors also broke all the windows and the windshield of the car in which the men had been riding.

On the morning of the detention hearing held on April 29, 1986, Kathy Keller, an assistant public defender, was appointed to represent all three minors. She indicated that she would need some time to review the case and to discuss any possible conflicts in representing the minors. The hearing was continued to the afternoon, the respondents waiving the 36-hour time period within which the detention hearing must be held pursuant to section 3-5(1) of the Juvenile Court Act (Ill. Rev. Stat. 1985, ch. 37, par. 703-5(1)).

Respondents then stipulated to the criminal damage charge for probable cause purposes. The court found probable cause and further determined that immediate and urgent necessity existed to place the minors in detention as provided by the Juvenile Court Act, which permits the detention of a delinquent minor when "it is a matter of immediate and urgent necessity for ...


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