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In re J.T.

March 24, 2004

[5] IN RE J.T., A MINOR
(THE PEOPLE OF THE STATE OF ILLINOIS, PETITIONER-APPELLEE, V. J.T., RESPONDENT-APPELLANT).



[6] Appeal from the Circuit Court of Cook County. No. 01 JD 14991 Honorable Richard F. Walsh, Judge Presiding.

[7] The opinion of the court was delivered by: Justice Hall

[8]  Following a conference pursuant to Supreme Court Rule 402 (177 Ill. 2d R. 402), the respondent, J.T., admitted to a delinquency petition charging him with the offense of criminal damage to property. J.T. was adjudicated a delinquent minor, and he was sentenced to 18 months' probation. Thereafter, the State filed a petition to revoke J.T.'s probation. Following a hearing, the trial court revoked J.T.'s probation and committed him to the Department of Corrections, Juvenile Division.

[9]  J.T. appeals, raising the following issues: whether this case should be remanded to allow J.T. to withdraw his admission to criminal damage to property; whether the trial court erred when it sentenced J.T. to the Department of Corrections; and whether J.T.'s sentence must be modified.

[10]   During the pendency of this appeal, the State filed a motion to strike J.T.'s first issue on the basis that J.T. failed to file a notice of appeal from the trial court's order placing him on probation. We ordered the motion taken with this case. For reasons set forth below, we now deny the motion and remand this case to the circuit court.

[11]   Following sentencing in this case, the trial court admonished J.T. as follows.

[12]   "So also you have the right to appeal. If within the next thirty days - this starts the thirty-day period of grace between us - if within the next thirty days you become unhappy about the fact that you made an admission to this charge or if you become unhappy with the penalty I have imposed on you, you have the right to appeal to a higher court, to the appellate court, the court that supervises me.

[13]   If you want to go up to that court, there is a procedure you have to follow. You first have to file a petition before me asking me to allow you to withdraw your admission. You file a petition saying you want to take everything back.

[14]   If I agree with your petition, I will strike out this penalty. I will strike out the fact that you entered the plea of guilty. I will strike out the finding of guilty and you will have to start all over by going to trial before me. That's the second chance that the law provides; but if I disagree with your petition and say, no, everything was done well. This is what we are supposed to leave it that way. Then it will go up to the higher court and they will look at everything.

[15]   They will take this record this lady is typing up or transcribing and they will read everything that was said in the courtroom by the attorneys, by you, by me, to see whether or not your rights were violated in any way.

[16]   Do you understand that?

[17]   [J.T.]: Yes, your Honor.

[18]   THE COURT: All right. Very well. So - and they will look it over for you and also if you go up on appeal and you are unable to hire an attorney to represent you, the Court will appoint an attorney for you free of charge. That's your right to have an attorney if you can't afford one. Also, we will provide you with a free copy of the transcript. Do you under stand me, [J.T.]?

[19]   [J.T.]: Yes, your Honor.

[20]  
THE COURT: All right. Appeal rights are given. Any ...

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