Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Dustyn W.

Court of Appeals of Illinois, Fourth District

June 16, 2017

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

         Appeal from Circuit Court of Champaign County No. 16JD195. Honorable Heidi N. Ladd, Judge Presiding.

          JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Justices Harris and Appleton concurred in the judgment and opinion.

          OPINION

          STEIGMANN JUSTICE.

         ¶ 1 In October 2016, the State charged respondent, Dustyn W. (born May 21, 2004), with armed robbery (720 ILCS 5/18-2(a)(1) (West 2016)) for taking lighters from a gas station in Urbana, Illinois, while armed with a knife. Following a November 2016 bench trial, the trial court adjudicated respondent a delinquent minor and ordered him to serve 24 months of probation. One of respondent's conditions of probation prohibited him from being present on the University of Illinois (University) campus unless granted permission by his probation officer or accompanied by a parent, guardian, or custodian.

         ¶ 2 Respondent appeals, arguing that the condition of probation excluding him from the University campus was an unconstitutional infringement on his right to travel. We disagree and affirm that condition of probation. Respondent also requests that we vacate a $50 "Court Finance Fee" and a $5 "Drug Court Program" assessment. We vacate both assessments because they constitute fines that were imposed by the circuit clerk.

         ¶ 3 I. BACKGROUND

         ¶ 4 In October 2016, respondent was taken into custody and charged with armed rob- bery. The evidence at his November 2016 bench trial established the following undisputed facts.

         ¶ 5 At approximately 10:10 p.m. on October 24, 2016, respondent and another juve- nile, S.B., entered a gas station store on North Cunningham Avenue in Urbana. At the time, respondent was living in a nearby children's home. Respondent and S.B. approached the clerk at the front counter. S.B. was holding a knife and told respondent to display his knife, which respondent did. S.B. told the clerk, "Give us all your cigarettes." The clerk refused. S.B. then told respondent to take the cigarettes from behind the counter. The clerk stopped respondent from moving behind the counter and saw S.B. take three lighters from a display on the counter. Surveillance video from inside the store showed two people, whose faces were obscured, approach the front counter, each holding a knife in their hand. They were dressed in clothing matching the descriptions given by gas station employees. The person matching S.B.'s description took lighters from the front counter before leaving. Shortly thereafter, police found respondent and S.B. walking on an adjacent street. Police recovered six lighters from the vicinity where they found respondent and S.B.

         ¶ 6 The trial court adjudicated respondent delinquent, rejecting his argument of com- pulsion. After a February 2017 dispositional hearing, the court ordered respondent to serve 24 months of probation. One of the conditions of probation ordered the following:

"[R]espondent minor must not be present on the University of Illinois campus unless he/she is in the presence of his/her parent, guardian, or custodian or unless provided advance permission by the probation officer."

         ¶ 7 The circuit clerk later imposed a $50 "Court Finance Fee" and a $5 "Drug Court Program" assessment.

         ¶ 8 This appeal followed.

         ¶ 9 II. ANALYSIS

         ¶ 10 A. The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.