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In re G.A.T.

Court of Appeals of Illinois, Third District

March 23, 2017

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

         Appeal from the Circuit Court of the 13th Judicial Circuit, Grundy County, Illinois, Appeal No. 3-16-0702 Circuit No. 12-JD-34 Honorable Robert C. Marsaglia, Judge, Presiding.

          O'BRIEN JUSTICE delivered the judgment of the court, with opinion. Justices Lytton and Schmidt concurred in the judgment and opinion.

          OPINION

          O'BRIEN JUSTICE

         ¶ 1 Respondent, G.A.T., appeals from his adjudication of delinquency and dispositional order of commitment, arguing that (1) four of his delinquency adjudications should be vacated under the one-act, one-crime doctrine and (2) the case should be remanded for resentencing, as the court did not make an express finding that committing respondent to the Department of Juvenile Justice (DJJ) was the least restrictive alternative. We affirm in part, vacate in part, and remand for resentencing.

         ¶ 2 FACTS

         ¶ 3 On June 26, 2012, a petition for adjudication of wardship was filed, alleging that respondent was delinquent based on 11 counts. Only the following six counts are relevant to the instant appeal:

"COUNT I
Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Aggravated Criminal Sexual Abuse (Class 2 Felony) in violation of Chapter 720, Act 5, Section 11-1.60(c)(2)(i) of the Illinois Compiled Statutes (2012) in that the [respondent] who was under 17 years of age, committed an act of sexual conduct with A.N., who was under 9 years of age in that the [respondent] intentionally/knowingly spread A.N.'s butt cheeks apart and inserted his finger into the butt of A.N. for the purpose of the sexual gratification of the victim or [respondent].
* * *
COUNT IV
Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Aggravated Criminal Sexual Abuse (Class 2 Felony) in violation of Chapter 720, Act 5, Section 11-1.60(c)(2)(i) of the Illinois Compiled Statutes (2012) in that the [respondent] who was under 17 years of age, committed an act of sexual conduct with A.N., who was under 9 years of age, in that the [respondent] intentionally/knowingly forced victim to place his mouth on [respondent's] penis for the purpose of the sexual gratification of the victim or [respondent].
* * *
COUNT VI
Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Sexual Exploitation of a Child (Class 4 Felony) in violation of Chapter 720, Act 5, Section 11-9.1(a)(2)&(c)(3) of the Illinois Compiled Statutes (2012) in that the [respondent] while in the presence of A.N., a person under 17 years of age, and with the knowledge or intent that A.N. would view his acts, exposed and fondled his penis to A.N. for the purpose of the sexual arousal or gratification of the [respondent] or of the victim.
COUNT VII
Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Sexual Exploitation of a Child (Class 4 Felony) in violation of Chapter 720, Act 5, Section 11-9.1(a-5)&(c)(3) of the Illinois Compiled Statutes (2012) in that the [respondent] knowingly enticed, coerced or persuaded A.N., a child under 17 years of age, to remove his clothes for the purpose of the sexual arousal or gratification of said [respondent] or the child or both.
COUNT VIII
Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Battery (Class A Misdemeanor) in violation of Chapter 720, Act 5, Section 12-3(a)(2) of the Illinois Compiled Statutes (2012) in that the [respondent] knowingly made offensive contact of an insulting nature with A.N., in that [respondent] spread A.N.'s butt cheeks apart and inserted his finger into his butt.
* * *
COUNT XI Said minor [respondent] is delinquent in that between February 1, 2012 and May 1, 2012, in Grundy County, Illinois, the [respondent] committed the offense of Battery (Class A Misdemeanor) in violation of Chapter 720, Act 5, Section 12-3(a)(2) of the Illinois Compiled Statutes (2012) in that the [respondent] who was under 17 years of age, knowingly made offensive contact of an insulting nature with A.N., in that ...

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