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In Re: Jabari C., A Minor v. Jabari C

December 2, 2011

IN RE: JABARI C., A MINOR,
THE PEOPLE OF THE STATE OF ILLINOIS,
PETITIONER-APPELLEE,
v.
JABARI C., RESPONDENT-APPELLANT.



Appeal from Circuit Court of Champaign County No. 09JD154 Honorable Heidi N. Ladd, Judge Presiding.

The opinion of the court was delivered by: Justice Cook

JUSTICE COOK delivered the judgment of the court, with opinion. Justices Pope and Knecht concurred in the judgment and opinion.

OPINION

¶ 1 In December 2009, respondent, Jabari C., entered an open guilty plea to an amended charge of unlawful possession with intent to deliver cannabis on school grounds, a Class A misdemeanor (720 ILCS 550/5.2(e) (West 2008)). In exchange for respondent's guilty plea, the State agreed (1) to dismiss the original charge of delivery of cannabis on school grounds, a Class 4 felony (720 ILCS 550/5.2(d) (West 2008)) and (2) to not file a delinquency petition for Champaign County sheriff's department report No. 083343J, an unrelated case.

¶ 2On March 18, 2010, the trial court adjudicated respondent a delinquent minor and ordered him a ward of the court. The court further ordered him "committed to the Illinois Department of Juvenile Justice [(the Department)] for an indeterminate term which shall automatically terminate in 364 days or upon [respondent] attaining the age of 21 years, whichever comes first, unless he is sooner discharged from parole or custodianship is otherwise terminated in accordance with the Juvenile Court Act or is otherwise provided for by law." Additionally, the court awarded respondent 17 days of sentence credit for time previously spent in custody.

¶ 3 On appeal, respondent argues he is entitled to one additional day of sentence credit for the date of his original arrest. The State disagrees and argues respondent was properly awarded 17 days' credit. The State argues respondent was not entitled to one day of sentence credit for the date of his original arrest because juveniles should not be entitled to predetention credit for station adjustments. We agree with respondent and remand with directions.

¶ 4 I. BACKGROUND

¶ 5 On May 1, 2009, respondent was arrested on school grounds after police officers from the Champaign County police department found 1.7 grams of cannabis in his school locker. However, respondent was not admitted to the Champaign County Juvenile Detention Center on that date.

¶ 6 On May 14, 2009, respondent was placed on a formal station adjustment by the Champaign County police department. The station adjustment was scheduled to end July 14, 2009; however, due to a subsequent violation by respondent, it was terminated and closed with no further action.

¶ 7 Shortly thereafter on June 17, 2009, the State filed a petition for adjudication of delinquency and wardship of respondent for the May 1 incident (Champaign County case No. 09-JD-154). The petition alleged respondent committed the offense of delivery of cannabis on school grounds when he knowingly and unlawfully possessed with the intent to deliver more than 2.5 grams but not more than 10 grams of a substance containing cannabis.

¶ 8 In December 2009, the State filed a supplemental petition for adjudication of wardship amending the original charge to unlawful possession with intent to deliver cannabis on school grounds. On that same day, respondent entered an open guilty plea to the amended charge. In exchange for respondent's guilty plea, the State agreed (1) to dismiss the original charge of delivery of cannabis on school grounds, a Class 4 felony (720 ILCS 550/5.2(d) (West 2008)) and (2) to not file a delinquency petition for Champaign County sheriff's department report No. 083343J, an unrelated case. The court heard the factual basis, admonished respondent, accepted the guilty plea, and scheduled a sentencing hearing for February 16, 2010.

¶ 9 On January 5, 2010, respondent was arrested on a new charge of delivery of cannabis on school grounds (Champaign County case No. 10-JD-2). On January 6, 2010, the trial court determined it was a matter of urgent and immediate necessity to detain respondent both for his own protection in case he suffered from serious substance-abuse issues and for the "protection of the person or property of another" given the allegation that he sold drugs on two separate occasions on two different school properties. Thereafter, the court ordered respondent detained on the new charge and the original charge on which he was awaiting sentence (Champaign County case No. 09-JD-154).

¶ 10 On January 21, 2010, the trial court released respondent to home detention pursuant to a pretrial conditions order. The court vacated the February 16, 2010, sentencing date and rescheduled it for March 18, 2010. According to the court, the delay in sentencing would give respondent the opportunity to show the court he does not "want to be back in this situation."

ΒΆ 11 On March 18, 2010, the trial court adjudicated respondent a delinquent minor and ordered him a ward of the court. The court further ordered him "committed to [the Department] for an indeterminate term which shall automatically terminate in 364 days or upon [respondent] attaining the age of 21 years, whichever comes first, unless he is sooner discharged from parole or custodianship is otherwise terminated in accordance with the Juvenile Court Act or is otherwise provided for by law." In setting the sentence, the court noted respondent's behavior pending sentencing had not improved, noting "a half a page of [school] disciplinary violations since he plead [sic] guilty." According to the court, respondent was "going through ...


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