Fields v. Fields

361 N.E.2d 666, 46 Ill. App. 3d 1028, 5 Ill. Dec. 343, 1977 Ill. App. LEXIS 2366
CourtAppellate Court of Illinois
DecidedMarch 11, 1977
Docket63187
StatusPublished
Cited by5 cases

This text of 361 N.E.2d 666 (Fields v. Fields) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fields v. Fields, 361 N.E.2d 666, 46 Ill. App. 3d 1028, 5 Ill. Dec. 343, 1977 Ill. App. LEXIS 2366 (Ill. Ct. App. 1977).

Opinion

Mr. JUSTICE LORENZ

delivered the opinion of the court:

Respondent appeals from an order revoking his probation and committing him to the Department of Corrections. He contends that the court: (1) lacked jurisdiction to commit him, (2) failed to establish that there was a factual basis for his guilty plea, and (3) abused its discretion in committing him to the Department of Corrections.

On January 15, 1975, a petition for an adjudication of wardship was filed alleging that respondent “[0]n or about 8 January 1975 knwoingly [sic] obtained unautorized [sic] control over property, 1-ladies wristwatch and 250 pair shoe laces of the value of less *150.00 the property of Leo W. Jones, with the intent to deprive said Leo W. Jones permanently of the use and benefit of said property, in violation of Chapter 38 Section, 16 — 1(a) Illinois Revised Statutes.” At the initial hearing held on January 16, 1975, it was discovered that respondent had been arrested at least four times in the previous year. The hearing was continued to determine if respondent was on probation. On January 20, 1975, the corut established that on December 20, 1974, respondent had been adjudged delinquent on a charge of theft and placed on probation. Realizing that the instant action had been erroneously filed as an original petition the court suggested it be refiled as a supplemental petition. Thereafter, respondent’s probation officer was asked by the court if he could “work” with respondent. He responded that he was assigned to the case on December 20, 1974, and that:

“If I go with just what I see on paper, I’d have to ask for a commitment. I haven’t really been able to work with him.”

The court then discussed with the probation officer and respondent’s mother the possibility of respondent residing with two aunts in Maywood. The court directed that this possibility be explored further and ordered respondent held in custody pending a clinical examination.

On February 3,1975, the State orally sought leave to amend its petition by striking the words “obtained unlawful control over property.” The report of proceedings does not reflect what was inserted in place of the deletion. Thereafter, respondent, through his counsel, entered an admission to the amended petition. The court again reviewed the dispositional alternatives. The clinical investigation recommended a “residential treatment center.” However, the respondent’s probation officer felt that this was impractical because of respondent’s age. After the court suggested referral to U.D.I.S., 1 the proceedings were continued in order to determine if U.D.I.S. would accept respondent.

On March 31, 1975, after the respondent’s probation officer reported that U.D.I.S. was unable to accept respondent the court reviewed respondent’s situation and ordered that he be held in custody pending a supplemental social investigation to update the original investigation which was incident to the initial probation. The court granted the State’s oral motion to amend the original petition to a supplemental petition.

At the dispositional hearing held on April 14, 1975, the following colloquy occurred:

“THE COURT: For disposition and UDIS. UDIS won’t take him?
PROBATION OFFICER: That was in February, Judge.
THE COURT: There is no place, is that right?
PROBATION OFFICER: Right now.
THE COURT: Well, I have read the social investigation report, I have seen Michael’s history. Based on the social investigation report and my own contacts with Michael over an extended period of time, I order Michael committed to the Department of Corrections.”

The probation officer then stated for the record his “attempts at working with Michael.” He explained that respondent had been living with two aunts in Maywood and had “no problems.” However, against his advice, respondent had returned to his old neighborhood and “got into trouble again.” He noted that U.D.I.S. had refused to accept respondent because of his previous record.

Opinion

Respondent first contends that the court lacked jurisdiction to commit him because he had not previously been adjudged a ward of the court as required by section 4 — 8 of the Juvenile Court Act. (Ill. Rev. Stat. 1975, ch. 37, pars. 704 — 8.) We agree that an explicit adjudication of wardship is necessary before a court may enter a dispositional order (In re Barr (1976), 37 Ill. App. 3d 10, 344 N.E.2d 517), but find that an adjudication was made in this case. The record indicates that this petition was amended as a supplemental petition, pursuant to the oral motion made by the State on March 31,1975. Consequently, the adjudication of wardship would have occurred at the hearing on the original petition in December 1974. Because respondent failed to submit a report of these proceedings, a presumption arises that wardship was properly adjudicated. (In re Shannon (1977), 45 Ill. App. 3d 876, 360 N.E.2d 433.) Nonetheless, respondent argues that the petition was not amended to supplemental status until after he entered his admission. However, because the true nature of the petition was previously brought to his attention on January 20, 1975, we fail to see any prejudice to him in not formally amending the petition until after he entered his admission.

Respondent next contends that the court erred when it accepted his admission based upon facts which he argues do not constitute a crime. His contention is based on the following colloquy which occurred after the admission was made.

“THE COURT: Michael, how old are you?
THE RESPONDENT: 15.
THE COURT: Do you read and write?
THE RESPONDENT: Yes, sir.
THE COURT: You have been charged with having stolen some property which you knew was stolen; do you know about that?
THE RESPONDENT: No.
PUBLIC DEFENDER: Did I just talk to you about the ten pairs?
THE RESPONDENT: Yes.
PUBLIC DEFENDER: Do you remember?
THE RESPONDENT: Yes.
THE COURT: You have the right to a trial and you have the right to have witnesses brought in to testify against you, and you have the right to bring in anyone who could testify on your behalf, and you have the right to testify on your own behalf or to remain silent at your trial. You understand if you admit these charges I could place you on probation or commit you to the Department of Corrections. Is that clear?

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Nathan A.C.
904 N.E.2d 112 (Appellate Court of Illinois, 2008)
In Re Nathan AC
904 N.E.2d 112 (Appellate Court of Illinois, 2008)
People v. Calva
628 N.E.2d 856 (Appellate Court of Illinois, 1993)
People v. Buchanan
379 N.E.2d 122 (Appellate Court of Illinois, 1978)
People v. Scott
379 N.E.2d 72 (Appellate Court of Illinois, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
361 N.E.2d 666, 46 Ill. App. 3d 1028, 5 Ill. Dec. 343, 1977 Ill. App. LEXIS 2366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fields-v-fields-illappct-1977.