People v. Marcus W.

907 N.E.2d 949, 389 Ill. App. 3d 1113, 330 Ill. Dec. 136, 2009 Ill. App. LEXIS 287
Appellate Court of Illinois·Decided May 15, 2009·No. 4-08-0031·Published·Cited by 3 cases

Opinion

JUSTICE POPE

delivered the opinion of the court:

In September 2005, respondent minor Marcus W. (born January 25, 1989) was adjudicated delinquent in Kankakee County. The trial court sentenced respondent minor to a term of probation to end on his twenty-first birthday. In August 2007, the State filed a petition to revoke respondent minor’s probation in Champaign County. In October 2007, the court revoked respondent minor’s probation. That same month, the court resentenced respondent minor to an indeterminate term of imprisonment in the Department of Juvenile Justice (DJJ) not to exceed seven years or his twenty-first birthday, whichever came first. Respondent minor appeals, arguing the State’s failure to (1) name respondent minor’s guardian in its petition to revoke respondent minor’s probation and (2) serve proper notice of the revocation proceedings on a single adult corespondent violated his due-process rights, warranting plain-error review. We vacate respondent minor’s “admission” and reverse and remand.

I. BACKGROUND

In June 2005, the State’s Attorney’s office in Kankakee County filed a petition for adjudication of wardship against respondent minor, who was then 15 years old, alleging he committed aggravated criminal sexual abuse (720 ILCS 5/12 — 16(c)(2)(i) (West 2004)). The petition named respondent minor’s mother (Anna B.), father (Terrance W), and guardian (Anna W).

In June 2005, respondent minor and Anna W appeared in court. Later that month, respondent minor’s mother was served with a summons at 653 West Bridge, Kankakee, Illinois. Service was attempted on respondent minor’s father at 385 North Harrison Avenue, Kankakee, Illinois. However, he was not served as this was the address for an eight-unit apartment building and no unit number was specified on the summons. The trial court granted the State leave to provide notice by publication to respondent minor’s father. Respondent minor’s mother appeared at a detention hearing on June 20, 2005. Anna W. and respondent minor’s father appeared at a pretrial hearing on July 6, 2005.

In September 2005, respondent minor entered an admission to the petition in his father’s presence, and the trial court adjudicated him delinquent. A psychosocial assessment prepared in conjunction with respondent minor’s sentencing stated respondent minor had monthly contact with his father and daily contact with his mother prior to his arrest. According to the psychosocial assessment, respondent minor reported living with Anna W since he was one year old.

Later that month, the trial court placed respondent minor on probation until January 25, 2010, his twenty-first birthday. The court appointed the supervisor of probation for Kankakee County as the minor’s guardian and custodian. The court ordered respondent minor to reside and complete sex-offender treatment at Onarga Academy (Onarga). While at Onarga, Anna W visited respondent minor several times and participated in his therapy. However, respondent minor’s parents did not visit him while he was at Onarga.

On August 14, 2007, after his release from Onarga, respondent minor’s probation was judicially transferred to Champaign County. Respondent minor was attending classes at Parkland Community College and working part-time in Champaign-Urbana. On August 29, 2007, just over two weeks later, the Champaign County State’s Attorney’s office filed a petition for the revocation of respondent minor’s probation because he failed to report an address change. Respondent minor was 18 years old when the State filed the petition, which named respondent minor, his father, and his mother. According to the petition, respondent minor’s father’s and mother’s respective addresses were unknown. The State did not name Anna W in the petition.

On August 29, 2007, two weeks after respondent minor’s probation was judicially transferred to Champaign County, the trial court held a detention hearing pursuant to the State’s petition to revoke respondent minor’s probation. Neither Anna W, respondent minor’s father, nor respondent minor’s mother was present. The record contains no indication respondent minor’s father and respondent minor’s mother were given any kind of notice of this proceeding by the State, the trial court, the public defender, or probation services.

A probation services report indicates Anna W. was notified by telephone on August 28, 2007, at approximately 6:10 p.m. that respondent minor had been taken into custody and a detention hearing was scheduled for the next day. However, she was unable to attend because she had recently been discharged from the hospital.

At that hearing, even though the record does not reflect the State or the public defender attempted to give any kind of notice to either of respondent minor’s parents, the State declared:

“[THE STATE]: Judge, apparently the respondent minor was released from the Onarga Academy without any adult supervision, to an address here in Champaign County, that’s my understanding.
Judge, in light of the fact that the respondent minor has no adult supervision here, and the information contained in the petition to revoke, the State does feel at this time that it is a matter of immediate and urgent necessity that he be further detained.”

The trial court then asked the public defender, who had just been assigned by the court, to comment. The public defender stated:

“Your Honor, the respondent minor has been residing in Urbana. Since the respondent minor does not have a legal guardian here in Champaign at this time, we have no requests.”

The court ordered respondent minor detained pending further proceedings. The court did not inquire of respondent minor, the State, the public defender, or probation services as to the whereabouts of respondent minor’s parents or Anna W. In addition, from the record, it does not appear the court tried to notify respondent minor’s parents or Anna W that the court was detaining respondent minor.

In September 2007, the trial court held a status hearing that neither Anna W nor respondent minor’s parents attended. The record does not reflect that respondent minor’s father, respondent minor’s mother, or Anna W was given any kind of notice of this hearing. At the hearing, the public defender asked for respondent minor’s release from the detention center. The State responded:

“Well, Judge, in light that the respondent minor has no guardian or custodian to release him to, and in light of the nature and circumstances of the allegations in the petition to revoke, the State does feel that it is still a matter of immediate and urgent necessity that he be further detained.”

The trial court released respondent minor from detention pending further proceedings.

At a hearing on October 1, 2007, the public defender stated respondent minor would be admitting the allegations in the petition to revoke probation. The trial court admonished respondent minor as to the rights he was giving up by admitting the allegations.

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People v. Marcus W., 907 N.E.2d 949, 389 Ill. App. 3d 1113, 330 Ill. Dec. 136, 2009 Ill. App. LEXIS 287 (Ill. Ct. App. 2009).

907 N.E.2d 949 (People v. Marcus W.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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