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01/13/89 In Re R.D.

January 13, 1989

IN RE R.D., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

Petitioner-Appellee, v.

R.D., a Minor, Respondent-Appellant)

533 N.E.2d 1121, 178 Ill. App. 3d 681, 128 Ill. Dec. 33 1989.IL.20

Appeal from the Circuit Court of Winnebago County; the Hon. Frederick J. Kapala, Judge, presiding.

APPELLATE Judges:

JUSTICE INGLIS delivered the opinion of the court. UNVERZAGT, P.J., and DUNN, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE INGLIS

While on probation, respondent was again adjudicated a delinquent minor, this time for criminal sexual abuse (Ill. Rev. Stat. 1985, ch. 38, par. 12-15(a)(1)), and placed on probation until his 21st birthday, December 17, 1991.

On March 6, 1987, the State filed an amended petition to revoke the respondent's probation alleging that he smoked marijuana on the property of his group home and that he refused to cooperate with the group home program. On June 25, 1987, at a hearing on the State's petition, the court found against the respondent on the allegation that he smoked marijuana. On June 29, 1987, the court revoked the respondent's probation and ordered him placed in the Juvenile Division of the Illinois Department of Corrections until his 21st birthday. The respondent filed a notice of appeal on July 13, 1987.

On appeal, respondent contends that the evidence was insufficient to revoke his probation. We affirm.

Pursuant to conditions of his probation, respondent was placed at the Seeds Group Home, which is a residential placement for juveniles in Winnebago County. Susan Schirger was the case manager and acted as a surrogate parent at Seeds during respondent's placement. Schirger testified that on February 5, 1987, at approximately 7 p.m., she observed respondent and two other residents exit the home and start smoking in the driveway. The two other residents were Lauren Disch and Travis Taylor. Schirger stated she observed the three residents smoking something from what appeared to be an aluminum foil pipe. She did not see anyone place anything into the object. She observed respondent hold the object to his mouth and inhale. As she approached, one of the residents, not the respondent, threw the object away. She did not observe where it landed, nor did she recover it at that time. Respondent blew smoke in her face. Schirger testified that she smokes cigarettes, and the smoke she smelled was not cigarette smoke. She stated that the smoke had a sweet smell heavier than cigarette smoke. She ordered the residents into the home and approximately five minutes later she and a couple of residents went back outside and searched for the object. One resident, David Bowman, found the object within five feet of where the boys had been standing and gave it to Schirger. Schirger placed the object in her desk drawer. The substance in the tinfoil was moister, clumpier, and greener than tobacco from cigarettes. She testified that Ed Kuhlman, the director of programs at Seeds, disposed of the object in the garbage.

Schirger further testified that after ordering respondent and the residents back into the home, she asked them if they had "anymore marijuana on them," and respondent replied, "No." Schirger later testified that respondent replied either "That's all I had, I swear," or "That's all the pot I had, I swear. I don't have anymore."

Ed Kuhlman testified that the day after the incident, he spoke with respondent regarding the incident, and respondent stated that he brought the marijuana with him when he moved into the home.

Charlene Eschback, Barbara Howard, and Pam Carlson, case managers at Seeds, testified regarding the allegations that respondent refused to cooperate as separately alleged by the State. Howard testified that she reprimanded respondent for smoking outside the kitchen area of the home, where she observed respondent light a cigarette in ...


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