People v. M.P.

697 N.E.2d 1153, 297 Ill. App. 3d 972, 232 Ill. Dec. 223, 1998 Ill. App. LEXIS 444
CourtAppellate Court of Illinois
DecidedJune 30, 1998
Docket1-96-3307
StatusPublished
Cited by13 cases

This text of 697 N.E.2d 1153 (People v. M.P.) 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
People v. M.P., 697 N.E.2d 1153, 297 Ill. App. 3d 972, 232 Ill. Dec. 223, 1998 Ill. App. LEXIS 444 (Ill. Ct. App. 1998).

Opinion

JUSTICE BURKE

delivered the opinion of the court:

Following a bench trial, the circuit court found defendant M.E, a minor, delinquent based upon the charge of criminal trespass to a vehicle. The trial court sentenced defendant to one year of probation and 100 hours of community service, and ordered, as conditions of his probation, a TASC referral, Gang Intervention Program, mandatory schooling, a 7 p.m. curfew and defendant’s “removal of his tatoos” pursuant to the Juvenile Court Act of 1987 (705 ILCS 405/5 — 1 et seq. (West 1992)). On appeal, defendant contends that the trial court abused its discretion in ordering that, as one of the conditions of his probation, he remove tattoos on his arms which symbolized an alliance to a street gang. For the reasons set forth below, we reverse and remand.

On February 12, 1996, defendant, who was 16 years old, was stopped by Officer McDermott of the Chicago police department after he allegedly committed a traffic violation while operating a motor vehicle. When Officer McDermott ran the vehicle identification number, he discovered that the vehicle had been reported stolen. McDermott arrested defendant and brought him to the 14th District police station, where defendant told McDermott that he rented the car from a person named “Fresh” for $70. Defendant was charged with possession of a stolen vehicle and criminal trespass to a vehicle. After a bench trial, the trial court found defendant delinquent based on criminal trespass to a vehicle. Defendant orally objected to the condition of the tattoo removal.

Prior to defendant’s sentencing hearing, defendant’s probation officer presented the court with a social investigation report regarding defendant. The report revealed that defendant had been a member of the Imperial Gangsters street gang for approximately five years. Defendant was very proud of his gang, within which he was considered the “enforcer.” In fact, defendant was with his gang friends when he was arrested. The probation officer specifically noted that defendant had two tattoos, a pink panther with a crown on one upper arm and a bulldog with a crown on the other upper arm, which the officer described as “gang related.” The probation officer felt that, considering defendant’s “heavy gang involvement,” defendant “probably had some idea that renting a car for $70 was not legitimate.” The report also disclosed that, as a result of his gang involvement, defendant was shot in the leg in December 1995.

The report further stated that defendant attended school past the ninth grade until he was kicked out for gang fighting. While in school, defendant was enrolled in special education and behavioral disorder classes. Defendant stated that he liked school; however, he had numerous problems with teachers and other gangs in school. The probation officer believed that defendant had a lack of enthusiasm and interest in school, but noted that defendant appeared to be “extremely talented” in pursuing his interest in drawing. The report also stated that defendant told the probation officer that he had a good relationship with his mother and her boyfriend, with whom defendant was currently living, and that he often took care of various chores in the home. However, the probation officer noted that there appeared to be heavy gang activity throughout the neighborhood where defendant then resided. Defendant’s mother reported that defendant had been complying with the 7 p.m. curfew imposed on him by the trial court at the inception of this case.

At defendant’s sentencing hearing, the following colloquy occurred:

“THE COURT: What’s one reason why you’re here?
THE RESPONDENT: For the auto theft.
THE COURT: Well, that’s the case, but what brings you here?
THE RESPONDENT: (No audible response.)
THE COURT: You don’t even know, do you?
THE RESPONDENT: (No audible response.)
THE COURT: It’s the gangs, right?
THE RESPONDENT: Yes, sir.
THE COURT: Right. And you’re rather proud to be an Imperial Gangster, right?
THE RESPONDENT: (No audible response.)
THE COURT: See, you can’t even answer it because you are, and the gangs are going to get you where?
THE RESPONDENT: Nowhere.
THE COURT: Oh, yes. This is going to be an absolute, complete waste of breath because you’re so enraptured with the gangs. If you think it’s just, great, well, when you are staring at some judge facing a murder charge or you’re facing big time, then you make sure that you thank each and every gang member or when you get drilled with a bullet right in the head because you’re an Imperial Gangster, then you can thank all your gang members with your last dying breath, okay?”

On June 13, 1996, defendant filed a motion to modify the May 22, 1996, probation order, arguing that “on information and belief, the only tattoo the minor has is an ‘M’ on his leg which stands for Miguel-,” and that, because the Act does not authorize removal of a minor respondent’s tattoos, the trial court should amend its May 22 order to exclude tattoo removal as a condition of defendant’s probation. At a hearing on defendant’s motion on August 14, 1996, defendant argued that the condition of tattoo removal was an intrusive and punitive procedure not warranted under the Act for a Class A misdemeanor of criminal trespass to a vehicle. The trial court ruled that if defendant’s tattoos were in fact gang related, then it had authority to order defendant to remove them, and, on the same day,' the court entered an order modifying its May 22 order “in that the minor shall only have any gang[-]related tattoos removed.” This appeal followed.

Defendant contends that the trial court’s August 14, 1996, modified order (order), requiring that defendant remove any gang-related tattoos, was an intrusive and illegal condition of probation not prescribed by the Act. Defendant first argues that because the removal of his tattoos did not have a nexus to the offense for which he was found guilty, it was error for the court to impose this condition.

The State contends that the condition was within the permissible scope of the Act because the Act allows for several intrusive procedures as conditions for probation. The State also argues that the condition was reasonable and within the discretion of the trial court because the court found a connection between defendant’s delinquency and his gang involvement, and “the court was attempting to do everything in its power to give this minor an opportunity to be something more than a lifelong gangmember and criminal.”

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Cite This Page — Counsel Stack

Bluebook (online)
697 N.E.2d 1153, 297 Ill. App. 3d 972, 232 Ill. Dec. 223, 1998 Ill. App. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mp-illappct-1998.