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02/22/89 In Re C.L. Et Al.

February 22, 1989

IN RE C.L. ET AL., MINORS (THE PEOPLE OF THE STATE OF


APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, THIRD DIVISION

Illinois, Petitioner-Appellee, v.

C.L. et al., Minors, Respondents-Appellants

534 N.E.2d 1330, 180 Ill. App. 3d 173, 128 Ill. Dec. 725 1989.IL.222

Appeal from the Circuit Court of Cook County; the Hon. Claude Whitaker, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE FREEMAN delivered the opinion of the court. McNAMARA and RIZZI, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE FREEMAN

Respondents, C.L. and A.R., were charged with two counts each of aggravated assault in petitions for adjudication of wardship brought by the State. The trial court adjudicated respondents to be delinquent. The court credited C.L. for 30 days spent in custody and placed him on probation for one year. The court committed A.R. to the juvenile detention center for 25 days and also placed him on probation for one year. Respondents appeal.

The petitions in this case were based on respondents' alleged commission of the offense of aggravated assault against Earlean Collier and George Henderson. On October 22, 1986, at approximately 9 p.m., Earlean Collier and her husband, George Henderson, were at home with their children when they heard noise in front of their home. When Earlean and George went out to their front porch to investigate, they found one of their daughters having an argument with Tracy Smith, who lived next door. Earlean and George also saw A.R. at the scene. A.R. was wearing a black jogging suit with yellow stripes down the sides. George heard A.R. say that if George's daughter was going to fight Tracy, A.R. "'was going to get into it.'" George then grabbed A.R. by the arm and told him he wanted to talk. George led A.R. down the street and was talking to him when A.R.'s girlfriend approached them. A.R. told her to get C.L. "'and tell him to bring that thing.'" While George and A.R. were talking, C.L., who was dressed like A.R., came up to them and asked A.R., "'What's happening, man?'" When George told C.L. to give them "some space," C.L. left and walked over to Earlean's and George's porch.

When C.L. walked over to the porch, he told Earlean that she "'better tell [George] to get away from because will pop him.'" Earlean testified that "pop" was street slang for "shooting." George returned to the porch as C.L. was leaving. While Earlean and George were on the porch, A.R. walked up, stood in front of the porch and said, "'Don't nobody put his hands on me. You're going to pay for that.'" George then started walking off the porch to talk to A.R. "man-to-man." At that point, C.L. grabbed A.R. and said, "'Man you don't got to take that shit."

Earlean testified that George then walked back up the stairs and said, "He's really got a gun." Earlean said, "'What?'" and turned around to look at A.R. George then pushed her inside the house. Earlean testified that when she turned around "[he] had the gun in his hand and [waved] it." Earlean stated that after George pushed her inside, "we went upstairs to call the police." Earlean also testified that black and yellow are the colors of the Vice Lords street gang. Earlean identified the respondents while they sat in a police car later that night.

George's testimony, some of which is included above, was substantially the same as Earlean's. He additionally testified that after he pushed Earlean inside the house, C.L. asked A.R., "'Man do you want to pop?'" and A.R. yelled, "'[Say], let's pop,'" which George knew meant "shot." George testified that when he heard that, he felt frightened because he didn't know "if he was going to shoot me or . . . my wife." George further testified that, after he heard those words, he went upstairs and called the police. After the police arrived, they and George toured the area looking for the two boys. George identified the respondents after the police picked them up.

Opinion

We first address the State's argument that respondents have waived every issue they now raise due to their failure to file a post-trial motion. The State relies on Supreme Court Rule 660(a), providing that appeals from final judgments in delinquent minor proceedings are "governed by the rules applicable to criminal cases." (107 Ill. 2d R. 660(a).) Based on that rule, the State argues that the requirement of a post-trial motion contained in section 116-1(b) of the Code of ...


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