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In Re: Gennell C., A Minor, the People of the State of v. Gennell C

May 3, 2012

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



Appeal from Circuit Court of Champaign County No. 10JD196 Honorable Harry E. Clem, Judge Presiding.

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

PRESIDING JUSTICE TURNER delivered the judgment of the court, with opinion.

Justices Pope and Knecht concurred in the judgment and opinion.

OPINION

¶ 1 In September 2010, the State filed a petition for adjudication of wardship, alleging respondent, Gennell C. (born in March 1996), was a delinquent minor because she committed residential burglary (720 ILCS 5/19-3(a) (West 2008)). That same month, the State filed a supplemental petition, asserting respondent committed theft over $300 (720 ILCS 5/16-1(a)(1)(A), (b)(4) (West Supp. 2009)). In September 2010, pursuant to a plea agreement, respondent admitted committing theft over $300, and the court dismissed the residential-burglary count and petitions against respondent in other cases. The trial court accepted respondent's admission and adjudicated respondent a delinquent minor. After an October 2010 dispositional hearing, the court made respondent a ward of the court and sentenced her to an indeterminate term in the Department of Juvenile Justice (DOJJ) that would automatically terminate in five years or upon respondent's twenty-first birthday, whichever came first. Respondent filed a motion to reconsider her sentence, which the court denied.

¶ 2 Respondent appeals, claiming the trial court erred by denying her motion to reconsider her sentence. We affirm.

¶ 3 I. BACKGROUND

¶ 4 The State's September 2010 adjudication petition and supplemental petition in this case were based on respondent's actions on August 23, 2010. At the time of the adjudication petition's filing, respondent had another petition for adjudication of wardship pending. In re Gennell C., No. 10-JD-187 (Cir. Co. Champaign Co.). The State later filed two petitions for indirect criminal contempt of court against respondent based on her failure to abide by the conditions of her release from custody (Nos. 10-MR-659, 10-MR-727).

¶ 5 On September 24, 2010, pursuant to a plea agreement, respondent admitted committing theft over $300, and the State moved to dismiss the other wardship petition, the indirect-criminal-contempt petition in case No. 10-MR-659 and agreed not to file charges based on Rantoul police report No. 10-6134. The trial court accepted respondent's admission and adjudicated her a delinquent minor.

¶ 6 At the October 27, 2010, dispositional hearing, the trial court made respondent a ward of the court, committed her to DOJJ for an indeterminate term not to exceed five years or her twenty-first birthday, and appointed DOJJ's Director as respondent's legal custodian. The court set the review of the commitment order for March 23, 2011, and required DOJJ to file a written report of its examination of respondent by March 10, 2011. At the State's request, the court also dismissed the last pending contempt petition in case No. 10-MR-727.

¶ 7 On November 18, 2010, respondent filed a motion to reconsider her sentence, asserting (1) her sentence was excessive; (2) the trial court erred by considering she had been charged with a more serious offense; (3) the court erred by considering her prior police contacts; (4) her sentence did not keep with her criminal history, family situation, and economic status for many enumerated reasons; and (5) her sentence did not keep with the alternatives available to the court to assist respondent with her rehabilitation. The prayer for relief requested the court "reconsider the Respondent Minor's sentence and enter a community-based sentence." The motion only addressed matters before the court at sentencing and did not present any new evidence.

¶ 8 On December 21, 2010, the trial court held a hearing on respondent's motion to reconsider her sentence. Respondent's counsel began her argument by stating the following: "And in support of our motion we're asking that the Court reconsider its sentence and sentence [respondent] to a community-based sentence." Counsel noted respondent had no prior adjudications, her offense was nonviolent, respondent showed a desire to work with the Champaign County Mental Health Center, and respondent's mental-health and substance-abuse issues could be best addressed in the community. Counsel again asked the court to reconsider respondent's sentence and sentence her to a community-based sentence. Respondent's counsel then stated the following: "Additionally, your Honor, [respondent] did bring documents from the [DOJJ] which show that she has gotten off to a good start, and she did want the Court to see them ***." The State responded the documents submitted that day were positive but should be considered at the March hearing when respondent's commitment would be reviewed. The court denied the motion to reconsider and remanded respondent to DOJJ to continue serving the sentence previously imposed.

¶ 9 On January 5, 2011, respondent filed a timely notice of appeal from the trial court's dispositional order and denial of respondent's motion to reconsider in compliance with Illinois Supreme Court Rule 606 (eff. Mar. 20, 2009). See Ill. S. Ct. R. 660(a) (eff. Oct. 1, 2001) (providing the rules applicable to criminal cases govern appeals from final judgments in delinquent-minor proceedings, unless specifically provided otherwise). Since the dispositional order in a juvenile delinquency proceeding is a final order (In re Justin L.V., 377 Ill. App. ...


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