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In re Henry B.

Court of Appeals of Illinois, First District, Fifth Division

January 26, 2015

In re HENRY B., a Minor
v.
Henry B., Respondent-Appellant The People of the State of Illinois, Petitioner-Appellee,

Appeal from the Circuit Court of Cook County. No. 13 JD 50162. Honorable Richard Walsh, Judge Presiding.

Appeal dismissed.

SYLLABUS

An appeal by a juvenile respondent from the order of supervision entered under section 5-615 of the Juvenile Court Act following respondent's trial on a petition for adjudication of wardship alleging that he committed an aggravated battery on another youth on a public way in violation of section 12-3.05(c) of the Criminal Code and a battery causing bodily harm in violation of section 12-3(a)(1) of the Code was dismissed for lack of jurisdiction, since the Illinois Supreme Court rules governing juvenile delinquency proceedings do not provide for appellate review of an interlocutory order in a case that has been continued under supervision.

For Respondent-Appellant: Thomas A. Gibbons, Attorney at Law, of Palos Park, Illinois.

For Petitioner-Appellee: Anita Alvarez, Cook County State's Attorney, Alan J. Spellberg, Annette Collins, Veronica Calderon Malavia, Assistant State's Attorneys, of counsel, Chicago, Illinois.

JUSTICE McBRIDE delivered the judgment of the court, with opinion. Presiding Justice Palmer and Justice Gordon concurred in the judgment and opinion.

OPINION

Page 570

McBRIDE, JUSTICE

[¶1] In this appeal, we consider whether an order of supervision entered pursuant to section 5-615 of the Juvenile Court Act of 1987 (705 ILCS 405/5-615 et seq. (West 2012)) after the minor respondent's trial is appealable.

[¶2] The State's petition for adjudication of wardship alleged that 12-year-old respondent, Henry B., committed an aggravated battery upon Nicholas B. on a public way in violation of section 12-3.05(c) of the Criminal Code of 2012 (Code) (720 ILCS 5/12-3.05(c) (West 2012)) and committed a battery causing bodily harm to Nicholas B. in violation of section of 12-3(a)(1) of the Code (720 ILCS 5/12-3(a)(1) (West 2012)). Following a bench trial, the juvenile court judge directed a finding on the aggravated battery, entered a finding of guilty on battery, and continued the case under an order of supervision for a period of six months.

[¶3] On appeal, the minor seeks a reversal of the juvenile court's order of supervision arguing that the State failed to prove battery beyond a reasonable doubt. Respondent contends the victim suffered no physical pain or injury as a result of the minor's conduct.

[¶4] The State responds that Illinois Supreme Court rules governing juvenile delinquency proceedings do not provide for appellate review of an interlocutory order in a case that has been continued under supervision. The State argues we lack jurisdiction over the respondent's appeal. We agree and, for the reasons that follow, dismiss respondent's appeal.

[¶5] BACKGROUND

[¶6] The testimony presented at respondent's trial disclosed the following.

Page 571

[¶7] Nicholas B., the victim, testified that on August 11, 2013, at about 6:30 p.m., he was riding his bike in a park near his home. A young boy named Jason G.[1] approached Nicholas, pushed him off his bike, kicked him, and ...


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