In re ANTOINE B., a Minor (The People of the State of Illinois, Petitioner-Appellee,
Antoine B., Respondent-Appellant)
Modified upon denial of rehearing March 13, 2014.
Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois. Circuit No. 11-JD-96. The Honorable Chris L. Fredericksen, Judge, presiding.
Respondent's juvenile adjudications for felony theft based on his prior juvenile adjudication for theft were not void, but should be reduced to misdemeanor theft adjudications and his commitment to the Department of Juvenile Justice was remanded for a new dispositional hearing to determine the appropriate disposition based on the commission of two charges of misdemeanor theft.
Lawrence J. O'Neill, of State Appellate Defender's Office, of Mount Vernon, for appellant.
Jerry Brady, State's Attorney, of Peoria (Judith Z. Kelly, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
JUSTICE CARTER delivered the judgment of the court, with opinion. Justices Holdridge and Wright concurred in the judgment and opinion.
[¶1] Respondent, Antoine B., was adjudicated delinquent for two counts of felony theft (720 ILCS 5/16-1(a)(1)(A), (b)(2) (West 2010)) and committed to the Department of Juvenile Justice (DOJJ) for an indeterminate term not to exceed three years. Respondent appealed, arguing that the commitment to the DOJJ was excessive. We affirmed the trial court's judgment. In re Antoine B., 2013 IL App (3d) 110467-U, ¶ ¶ 14, 17. Pursuant to a supervisory order from the supreme court, we subsequently withdrew our decision and directed the parties to file supplemental briefing on the issue of whether respondent's felony adjudications were void under the supreme court's decision in People v. Taylor, 221 Ill.2d 157, 182, 850 N.E.2d 134, 302 Ill.Dec. 697 (2006), which held that a prior felony juvenile adjudication was not a prior felony conviction for purposes of the escape statute. In re Antoine B., No. 116538 (Ill. Oct. 2, 2013). Upon consideration of the supplemental briefing, we find that: (1) respondent's current juvenile adjudications for felony theft are not void but should be reduced to misdemeanor theft adjudications; (2) the dispositional order committing respondent to the DOJJ is not an authorized disposition for misdemeanor offenses and is void; and (3) this case should be remanded so that the previous orders may be amended in the trial court to indicate that respondent was adjudicated delinquent for two counts of misdemeanor theft and so that the trial court may conduct a new dispositional hearing to determine
the appropriate disposition for respondent based upon the two charges of misdemeanor theft. Therefore, we vacate the trial court's commitment order and remand this case with directions for further proceedings.
[¶3] In March 2011, a juvenile delinquency petition was filed charging the then-14-year-old respondent with two counts of Class 4 felony theft for stealing two bicycle lights. The charges were elevated to felonies because respondent had a prior juvenile delinquency adjudication for theft (see 720 ILCS 5/16-1(b)(2) (West 2010)). At a plea hearing, respondent admitted the allegations of the petition and was adjudicated delinquent. Following a dispositional hearing, respondent was committed to the DOJJ for an indeterminate term not to exceed three years. He filed a direct appeal, alleging that the commitment to the DOJJ was excessive. We affirmed the trial court's judgment. Antoine B., 2013 IL App (3d) 110467-U, ¶ ¶ 14, 17. Respondent subsequently filed a motion asking this court to withdraw its decision and to allow supplemental briefing. In that motion, respondent alleged for the first time that his felony theft adjudications were void pursuant to Taylor . We denied respondent's motion. Respondent filed a petition for leave to appeal (PLA) ...