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In re L.W.

Court of Appeals of Illinois, Third District

July 13, 2016

In re L.W., a Minor
v.
L.W., Respondent-Appellant. The People of the State of Illinois, Petitioner-Appellee,

         Appeal 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.

          James 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.

          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.

         ¶ 2 FACTS

         ¶ 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. ...


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