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04/13/89 In Re J.G.

April 13, 1989

IN RE J.G., A MINOR (THE PEOPLE OF THE STATE OF ILLINOIS,


Before addressing the issues which respondent raises on appeal, we must first determine whether or not respondent waived his rights on appeal by failing to file a motion to withdraw his admission as required by Illinois Supreme Court Rule 604(d) (107 Ill. 2d R. 604(d)). Our supreme court has stated that the requirements of Rule 605(d) must be compiled with before taking an appeal. People v. Wilk (1988), 124 Ill. 2d 93.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, FOURTH DIVISION

Petitioner-Appellee, v.

J.G., a Minor, Respondent-Appellant)

537 N.E.2d 1360, 182 Ill. App. 3d 234, 130 Ill. Dec. 891 1989.IL.520

Appeal from the Circuit Court of Cook County; the Hon. James J. Chrastka, Judge, presiding.

APPELLATE Judges:

JUSTICE JOHNSON delivered the opinion of the court. LINN and McMORROW, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE JOHNSON

The minor-respondent, J.G., entered an admission to attempted burglary. Following a hearing he was found delinquent and committed to the Department of Corrections for one to two years. On appeal, he contends that his due process rights were violated because his admission was neither voluntary nor intelligent and lacked a factual basis.

We reverse and remand.

The incident in question occurred July 30, 1986, in Oak Park. Responding to a call from Monica Meter that a residential burglary was in progress, the Oak Park police arrived and found respondent crouched behind a table on Meter's back porch. The police took respondent into custody charging him with residential burglary and possession of burglary tools.

Following a hearing, a finding of probable cause was made. On the trial date, respondent entered an admission to attempted burglary. Before accepting the admission, the court asked respondent if he was being forced to make this admission and he replied "No." At that point, counsel for respondent informed the court that he had given both trial rights and Dispositional alternatives to his client. The court accepted respondent's admission on attempted burglary and found him delinquent. Following a Dispositional hearing, respondent was committed to the Department of Corrections for one to two years.

The record shows that respondent did not, within 30 days of the entry of judgment, file a motion to vacate his admission. However, if respondent, who filed a proper notice of appeal, was not informed of this requirement by the trial court as required by Supreme Court Rule 604(b) (107 Ill. 2d R. 604(b)), the appeal will not be dismissed. (People v. Theobald (1976), 43 Ill. App. 3d 897, 356 N.E.2d 1258.) In this case, the trial court failed to advise respondent under Rule 605(b); therefore, we will not dismiss respondent's appeal.

Respondent argues, on appeal, that he did not make an admission that was voluntary and intelligent due to the trial court's failure to fully admonish him of his constitutional rights. In the case of In re Haggins (1977), 67 Ill. 2d 102, 364 N.E.2d 54, the supreme court stated that due process requires that a juvenile admission be intelligently and voluntarily made. It is sufficient to satisfy due process requirements where it is apparent from the record ...


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