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People v. Hugo G.

May 11, 2001

THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
HUGO G., RESPONDENT-APPELLANT.



The opinion of the court was delivered by: Presiding Justice Quinn

Not Released For Publication

THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE,
v.
HUGO G., RESPONDENT-APPELLANT.

The opinion of the court was delivered by: Presiding Justice Quinn

Appeal from the Circuit Court of Cook County

Honorable Gerald T. Winiecki, Judge Presiding.

 Respondent, Hugo G., a minor, was adjudicated a delinquent for committing armed robbery and two counts of battery. He was sentenced to 4 years' probation, 60 days in the juvenile detention center and 100 hours of community service. The court also imposed the following conditions of probation pursuant to the Juvenile Court Act of 1987 (705 ILCS 405/5-715 (West Supp. 1999)): (1) TASC and Interventions counseling; (2) no loitering between 27th Street and Kedvale and 28th Street and Kedvale; (3) no association with gang members; and (4) a 7 p.m. curfew.

On appeal, respondent contends that: 1) the petition for adjudication of wardship was defective where it failed to contain an allegation regarding where the offense occurred; 2) the evidence at trial failed to prove beyond a reasonable doubt that the offense occurred in the State of Illinois; 3) the State failed to prove beyond a reasonable doubt that respondent was adjudicated delinquent for committing armed robbery and battery under an accountability theory; and 4) the trial court abused its discretion by imposing certain restrictive conditions of probation. For the reasons that follow, we affirm.

The following facts were adduced at respondent's adjudication hearing. On June 14, 1999, at approximately 3 p.m., Juan Gonzalez was with his family eating at a restaurant on 26th Street. Gonzalez could not recall the name or exact address of the restaurant. Gonzalez was never asked in what city or town the restaurant was located. While eating, Gonzalez noticed two men staring at him. Gonzalez testified that he thought they were staring at the chain around his neck. Once Gonzalez and his family finished their meal and left the restaurant, they entered their vehicle. While he was inside the car, Gonzalez saw a group of four to six people walking toward the vehicle. Gonzalez identified respondent as one of the individuals he saw at that time. Gonzalez testified that he saw one of the individuals flash a gang sign. One of the individuals, whom Gonzalez could not identify, threw a beer bottle at the car window. After the bottle was thrown, the men approached Gonzalez and his family. Gonzalez testified that when he got out of the car to protect his family from harm, the individuals began to hit him with bottles and sticks. Gonzalez specifically recalled that respondent hit him with a stick. Upon seeing her husband being attacked, Gonzalez's wife, Nolenoila Baldonis, attempted to help him, but she was hit also. The attack lasted approximately three or four minutes. Gonzalez testified that during the attack, his gold chain, bracelet and watch were stolen. Gonzalez was unable to identify who took the items from him. When the police arrived, the individuals fled, but respondent, who was 14 at the time, and another individual, were apprehended at the scene.

On cross-examination, Gonzalez testified that respondent hit him with a bottle rather than a stick. Gonzalez further testified that he told the police that an individual named Roger threw a bottle at him. Gonzalez testified that everything happened very fast and that there was a lot of excitement. Gonzalez then testified that he saw respondent throw a bottle but did not know whether he hit him with it.

Gonzalez's wife, Nolenoila Baldonis, testified that she was with her husband and children at a restaurant on 26th Street. Baldonis, like Gonzales, could not recall the name or exact address of the restaurant and did not testify as to the town or city. After eating, they entered the car to leave. Baldonis testified that before she closed the car door, she heard glass fall. She got down and then realized that someone had thrown a bottle at the back of the car. Baldonis did not see who threw the bottle. Baldonis testified that when Gonzalez got out of the car, he was attacked by four to six individuals. Baldonis identified respondent as one of the individuals present at the scene and testified as follows:

"A: The guys attacked him to hit him.

Q: Okay; when you say 'the guys,' about how many of them

were there?

A: There were like (6) or (4), (5) or (6). I'm not sure.

***

Q: What was the minor doing at that time?

A: I didn't see him do anything.

Q: Okay.

A: I didn't notice since there were several.

Q: Was he one of these people, though?

***

A: Yes; he was one ...


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