from the Circuit Court of Will County, Nos. 14-JD-104,
14-JD-180; the Hon. Paula A. Gomora, Judge, presiding.
Michael J. Pelletier and Bryon Kohut, both of State Appellate
Defender's Office, of Ottawa, for appellant.
Glasgow, State's Attorney, of Joliet (Thomas D. Arado, of
State's Attorneys Appellate Prosecutor's Office, of
counsel), for the People.
PRESIDING JUSTICE O'BRIEN delivered the judgment of the
court, with opinion. Justices Carter and Wright concurred in
the judgment and opinion.
O'BRIEN PRESIDING JUSTICE.
1 L.W. appeals from the trial court's order that lifted
the stay on the sentence imposed on the fourth petition for
indirect criminal contempt. Specifically, L.W. argues he is
entitled to a credit for time spent in custody on multiple
proceedings associated with his two juvenile delinquency
cases. We affirm as modified.
3 On March 25, 2014, in case No. 14-JD-104, the State filed a
juvenile delinquency petition that alleged L.W. had committed
the offense of domestic battery (720 ILCS 5/12-3.2(a)(2)
(West 2014); 705 ILCS 405/5-101 et seq. (West
2014)). On the same date, L.W. was taken into custody. On
April 8, 2014, L.W. was released into the custody of his
mother subject to several restrictions.
4 On May 19, 2014, in case No. 14-JD-180, the State filed a
supplemental juvenile delinquency petition. The supplemental
petition alleged that L.W. had committed the offense of
resisting a peace officer (720 ILCS 5/31-1 (West 2014); 705
ILCS 405/5-101 et seq. (West 2014)). On the same
day, L.W. was taken into custody. On May 23, 2014, L.W. was
released and ordered to cooperate with the Mental Health
Juvenile Justice program.
5 On June 3, 2014, the State filed a petition for an
adjudication of indirect criminal contempt. L.W. was taken
into custody on June 16, 2014.
6 On July 2, 2014, the parties presented a plea agreement to
the court. In the agreement, L.W. admitted to the offenses of
domestic battery, resisting a peace officer, and the
allegations in the contempt petition. On the underlying
offenses, the court entered a judgment of delinquency and
sentenced L.W. to concurrent sentences of one year of
probation. On the contempt petition, the court sentenced L.W.
to 90 days of detention with credit for 20 days served. The
court stayed the remaining 70 days pending L.W.'s
compliance with probation. On July 7, 2014, the court entered
an agreed order stating that L.W. had 28 days of custody
credit, and therefore, the court amended the mittimus to stay
62 days of the sentence.
7 On July 23, 2014, the court lifted the stay on the contempt
sentence. L.W. was released from custody on September 22,
2014, after serving 62 days.
8 On October 22, 2014, the State filed a second petition for
an adjudication of indirect criminal contempt. On October 29,
2014, the court found probable cause to believe L.W. was in
indirect criminal contempt. L.W. was not detained, but he was
ordered to obey every reasonable request of his caretakers
and attend school on time every day.
9 On November 20, 2014, the State filed a third petition for
an adjudication of indirect criminal contempt. The petition
alleged that L.W. had failed to comply with the October 29,
2014, order. ...