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In re Q.P.

Court of Appeals of Illinois, Third District

October 27, 2014

In re Q.P., a Minor
v.
Q.P., Respondent-Appellant) (The People of the State of Illinois, Petitioner-Appellee,

Appeal from the Circuit Court of the 10th Judicial Circuit, Peoria County, Illinois, Circuit No. 14-JD-102. Honorable Albert L. Purham, Judge, Presiding.

SYLLABUS

The trial court's order sentencing respondent to the Department of Juvenile Justice following a finding that he was guilty of obstruction of justice as charged in a delinquency petition was reversed, since respondent had already been apprehended when he gave a police officer a false name and birth date, and, therefore, he was not capable of having the specific intention to prevent his own apprehension.

Mark D. Fisher, of State Appellate Defender's Office, of Ottawa, for appellant.

Jerry Brady, State's Attorney, of Peoria (Laura E. DeMichael, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

JUSTICE O'BRIEN delivered the judgment of the court, with opinion. Justice McDade concurred in the judgment and opinion. Justice Holdridge dissented, with opinion.

OPINION

O'BRIEN, JUSTICE.

[¶1] The minor, Q.P., was charged in a delinquency petition with obstruction of justice (720 ILCS 5/31-4(a) (West 2012)). The petition alleged that on March 31, 2014, Q.P. knowingly furnished false information to a police officer with the intent to prevent his own apprehension. Following a bench trial, Q.P. was found guilty of the charged offense and sentenced to a term in the Department of Juvenile Justice not to exceed three years or the minor's twenty-first birthday, whichever shall come first. Q.P. appeals, arguing that the evidence was insufficient to prove he had the intent to prevent his own apprehension, because the evidence showed that he had already been apprehended at the time he gave false statements to the police. We reverse.

[¶2] FACTS

[¶3] On April 1, 2014, Q.P. was charged in a delinquency petition with obstruction of

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justice (720 ILCS 5/31-4(a) (West 2012)). The petition alleged that on March 31, 2014, Q.P., " with the intent to prevent the apprehension of [himself], knowingly furnished false information to *** a police officer." The matter proceeded to trial on May 5, 2014.

[¶4] Police officer Jonathan Irving testified that on the morning of March 31, 2014, he was responding to a report of a vehicle burglary in progress when he identified a male that fit the description given in the report. Irving stated, " At that time, I stopped the male and detained him *** to determine the outcome of the investigation." Irving testified that he got out of his patrol car and told the subject to stop, while drawing his duty weapon to the " sul position." Irving explained that the sul position is a ready position, where the weapon is drawn but pointed directly at the ground.

[¶5] After directing the subject to place his hands on the hood of the patrol car, Irving handcuffed the subject with his hands behind his back. Irving then patted the subject down for officer safety purposes, which Irving testified to be common practice. Irving then placed the subject, still handcuffed, into the backseat of the patrol car. It had not been determined at this point, according to Irving, whether the subject would be transported to the police department. In court, Irving identified Q.P. as the person he detained.

[¶6] Irving then asked Q.P. for his name and date of birth, to which Q.P. replied that his name was Antwan A. Ellis, with a date of birth of September 22, 1997. Q.P. also told Irving he was currently staying with his mother, Trish. Although he could not remember his mother's exact address, Q.P. offered to show Irving the house. Irving transported Q.P. to the street his mother lived on, and Q.P. identified his mother's house.

[¶7] Irving then made contact with a resident of the house named Patricia, who informed him that she did not know anyone by the name of Antwan Ellis. When Irving illuminated Q.P. with his flashlight, Patricia identified the minor as " Q*** P***," whom she ...


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