APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT
543 N.E.2d 589, 187 Ill. App. 3d 536, 135 Ill. Dec. 206 1989.IL.1296
Appeal from the Circuit Court of Champaign County; the Hon. Robert J. Steigmann, Judge, presiding.
JUSTICE KNECHT delivered the opinion of the court. LUND and GREEN, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE KNECHT
After entering an admission to a juvenile petition in Champaign County, A.R.E.G. was adjudicated a delinquent minor and placed on 18 months' probation and ordered to serve 28 days in the Champaign County Detention Center. The respondent appeals and requests a new Dispositional hearing.
A delinquency petition was filed on April 22, 1988, alleging the respondent was a delinquent minor for committing a misdemeanor retail theft. On August 12, 1988, while adjudication was pending on the original petition, a supplemental petition was filed alleging the respondent committed another misdemeanor retail theft. The State offered to dismiss the April 22, 1988, petition if the respondent would agree to an admission of the August 12, 1988, petition. In exchange for the respondent's admission, the State agreed to abide by Court Services' recommendation, and "under no circumstances . . . recommend anything harsher than probation."
The court accepted the respondent's admission, found him to be a delinquent minor and scheduled a Dispositional hearing for September 29, 1988. At the Dispositional hearing the prosecutor informed the court two additional petitions had been filed against the respondent after the court accepted his admission to the August 12, 1988, petition. The prosecutor advised the court the State was abandoning the original agreement and would be presenting evidence in support of the two additional petitions. The record reflects defense counsel understood the change in the State's sentencing recommendation and neither raised any objection, nor argued for enforcement of the original agreement.
Evidence was presented by both sides regarding the two new petitions charging the respondent with aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12-4(b)(6)), criminal trespass to real property (Ill. Rev. Stat. 1987, ch. 38, par. 21-3(a)), and theft under $300 (Ill. Rev. Stat. 1987, ch. 38, par. 16-1(d)(1)).
The prosecutor recommended the court commit the respondent to the Department of Corrections, Juvenile Division, and defense counsel requested community supervision. The court felt the Department of Corrections was an inappropriate placement, but noted the State's recommendation was not unreasonable in light of the minor's additional delinquent activity. The court placed the respondent on 18 months' probation including 28 days in the Champaign Detention Center. The respondent bases his appeal on the alleged prosecutorial breach of the plea agreement.
The present case raises the issue of whether the appellate court should consider an issue on review which has not been properly preserved at the trial court level. It is an accepted rule of law that issues not raised at trial are waived absent plain error. (People v. Enoch (1988), 122 Ill. 2d 176, 522 N.E.2d 1124, cert. denied (1988), 488 U.S. 917, 102 L. Ed. 2d 263, 109 S. Ct. 274; People v. Bailey (1988), 177 Ill. App. 3d 679, 532 N.E.2d 587.) The plain error exception to the waiver rule will be applied only when substantial rights of the defendant are affected or the evidence in the case is closely balanced. (People v. Stewart (1984), 104 Ill. 2d 463, 473 N.E.2d 1227; People v. Pickett (1973), 54 Ill. 2d 280, 296 N.E.2d 856.) Such error is not present in this case.
The facts in the present case show the respondent received a Disposition of probation because the court was unwilling to take the State's recommendation. The respondent did not object to the alleged breach of the ...