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01/24/89 In Re v.B.

January 24, 1989

IN RE V.B., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


APPELLATE COURT OF ILLINOIS, THIRD DISTRICT

Petitioner-Appellee, v. V.B., Respondent-Appellant)

533 N.E.2d 1150, 178 Ill. App. 3d 842, 128 Ill. Dec. 62 1989.IL.63

Appeal from the Circuit Court of Peoria County; the Hon. C. Brett Bode, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE STOUDER delivered the opinion of the court. WOMBACHER and SCOTT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STOUDER

The respondent-appellant, V.B., a minor, appeals from the judgment of the circuit court of Peoria County, revoking her probation and committing her to the Department of Corrections. On March 24, 1987, the State filed a delinquency petition against V.B., alleging that she committed the offense of kidnapping in that she knowingly and secretly confined Kortnee O'Neal, a child under the age of 13, against her will.

Accompanied by her mother and represented by her attorney, V.B. appeared in court on May 4, 1987, and entered her plea of guilty but mentally ill to the delinquency petition. At the beginning of the proceedings, the trial court indicated that it had reviewed the report of John E. Sheen, M.D., medical director of the Human Service Center, which concludes that V.B. does not fully appreciate the rightness or wrongness of her conduct

After both V.B.'s mother and attorney indicated that it was still V.B.'s desire to enter a plea of guilty, the court asked V.B. and her mother a series of questions concerning their understanding that by pleading guilty V.B. waived her right to a trial, that the court could commit V.B. to an institution until she was 21 years old, and that it was

The State then presented its factual basis that V.B., while visiting St. Francis Hospital in Peoria on March 23, 1987, took Kortnee O'Neal, an infant, placed her in a baby blanket, and attempted to leave the hospital when she was stopped by a nurse. V.B.'s attorney indicated that she had reviewed the police reports and was satisfied that there was a factual basis for the offense charged.

The court accepted V.B.'s admission to the petition after it made findings that V.B. was guilty but mentally ill, that she had waived her rights to a hearing and to confront witnesses, that her plea was voluntary, that there was a factual basis for the offense charged and that the mother concurred in the plea. The trial court then entered the agreed-upon Disposition, adding the additional condition that V.B. not visit any hospitals in Peoria, unless accompanied by her mother, her aunt or her probation officer. The court also advised V.B. and her mother of their right to appeal from the decision.

Subsequently, the State filed a petition to revoke V.B.'s probation. The petition alleged that V.B. committed the offense of residential burglary on May 21, 1987. On June 1, 1987, V.B. appeared in court with her attorney and admitted to the allegations in the petition. Before accepting V.B.'s admission, the court advised V.B. of her right to trial, to testify and call witnesses, her privilege against self-incrimination, and her possible commitment to the Department of Corrections. The court also determined that there was a factual basis for the plea, in that V.B. admitted having entered the home of a friend, Kimberly Nordvall, through a window and stealing $5. After accepting her admission, the court ordered preparation of a placement investigation and an evaluation by Dietra Teichmann, Ph. D.

The social history report prepared by probation officer Valerie Baske indicates that 15-year-old V.B. had been a healthy child, enjoying normal development until she was involved in a severe auto accident at the age of five. V.B.'s father, uncle and cousin were killed in the accident, and V.B. suffered extensive injuries, leaving her physically and mentally impaired. She had undergone surgery on at least four occasions for skin grafting and to insert and remove pins in her hips. V.B.'s mother suffered a stroke when V.B. was one year old and has been

unable to work since then. The report withheld a recommendation until V.B. could be evaluated by Dr. Teichmann. ...


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