APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION
T.O., a Minor, Respondent-Appellant)
543 N.E.2d 969, 187 Ill. App. 3d 970, 135 Ill. Dec. 401 1989.IL.1333
Appeal from the Circuit Court of Cook County; the Hon. Glenn Fowlkes, Judge, presiding.
JUSTICE DiVITO delivered the opinion of the court. HARTMAN and SCARIANO, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE DIVITO
In this appeal, the minor-respondent, T.O., challenges the jurisdiction of the circuit court because of the failure to formally serve him with a summons and the petition. He also contends that the court erred in finding him delinquent.
Respondent, then age 15, was the subject of a petition for adjudication of wardship for theft, attempted murder, two counts of aggravated battery, and unlawful use of a weapon. When arraigned on November 24, 1986, respondent, his mother, and his stepfather were present. At the arraignment, the court appointed the public defender as respondent's attorney and noted the presence of his mother in court. The public defender accepted the appointment and stipulated to the court's jurisdiction over respondent.
The record does not indicate that respondent was served with a copy of the petition. However, on the date of the arraignment, respondent's mother signed a circuit court form which waived service of the petition and summons, waived any defects in service of process, and consented to the jurisdiction of the juvenile court "on behalf of the above named minor, , and myself, [Aquinta O.]"
On December 23, 1986, both of respondent's parents were in court and both were given copies of the petition. On that day, the court heard and denied respondent's motion to quash arrest and to suppress evidence. The court then began a hearing on respondent's motion to suppress statements. On December 26, with respondent and his mother in court, that motion was denied and the adjudicatory hearing began.
The evidence showed that on November 22, 1986, Anthony Robles, while off duty as a Chicago police officer, was working as a security guard at McCrory's department store. After 6 p.m., respondent and Steve Jackson entered McCrory's and went to the rear of the store. Robles observed respondent, who wore a red, hooded windbreaker, put sweaters into a yellow bag.
After Jackson walked out the door, respondent started to leave McCrory's with a bag of clothing without paying. Robles approached him in the vestibule, between the inner and outer doors of the store, identified himself as a police officer and asked respondent what was in the bag. Respondent dropped the bag and ran out the door. Robles ran after him and grabbed him by the hood of his jacket. The jacket ripped and respondent again fled. Robles again stopped him in McCrory's parking lot. This time respondent turned and faced Robles and swung at him, but missed. According to Robles, respondent then reached behind his back, whereupon Robles, believing that respondent was reaching for a weapon, instinctively pulled out his police revolver. Robles struck respondent on the left side of the head with his revolver. Respondent swung again. Robles then grabbed respondent and tried to hold him.
At that point, Robles was tackled from behind by Jackson and there was a two-on-one struggle witnessed by Martha Rodriguez, a cashier at McCrory's. During the struggle, respondent struck and grabbed Robles' face. Respondent then struck Robles' forearm and attempted to wrestle the gun free from his grip. As Robles tried to hold onto his gun, respondent struck his head, allowing Jackson to pull the gun free. Robles was unable to recover the gun, as his arm was held by respondent. As he ...