People v. V.B.

533 N.E.2d 1150, 178 Ill. App. 3d 842, 128 Ill. Dec. 62, 1989 Ill. App. LEXIS 58
CourtAppellate Court of Illinois
DecidedJanuary 24, 1989
DocketNo. 3-87-0806
StatusPublished
Cited by3 cases

This text of 533 N.E.2d 1150 (People v. V.B.) 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. V.B., 533 N.E.2d 1150, 178 Ill. App. 3d 842, 128 Ill. Dec. 62, 1989 Ill. App. LEXIS 58 (Ill. Ct. App. 1989).

Opinion

PRESIDING JUSTICE STOUDER

delivered the opinion of the court:

The respondent-appellant, V.B., a minor, appeals from the judgment of the circuit court of Peoria County, revoking her probation and committing her to the Department of Corrections. On March 24, 1987, the State filed a delinquency petition against V.B., alleging that she committed the offense of kidnapping in that she knowingly and secretly confined Kortnee O’Neal, a child under the age of 13, against her will.

Accompanied by her mother and represented by her attorney, V.B. appeared in court on May 4, 1987, and entered her plea of guilty but mentally ill to the delinquency petition. At the beginning of the proceedings, the trial court indicated that it had reviewed the report of John E. Sheen, M.D., medical director of the Human Service Center, which concludes that V.B. does not fully appreciate the rightness or wrongness of her conduct regarding the kidnapping of the baby. The court stated that it also reviewed the medical report indicating that when she was five years old, V.B. suffered serious injuries as a result of an automobile accident.

After both V.B.’s mother and attorney indicated that it was still V.B.’s desire to enter a plea of guilty, the court asked V.B. and her mother a series of questions concerning their understanding that by pleading guilty V.B. waived her right to a trial, that the court could commit V.B. to an institution until she was 21 years old, and that it was recommended to the court that V.B. be given two years’ probation with mental health treatment. Both V.B. and her mother indicated their understanding.

The State then presented its factual basis that V.B., while visiting St. Francis Hospital in Peoria on March 23, 1987, took Kortnee O’Neal, an infant, placed her in a baby blanket, and attempted to leave the hospital when she was stopped by a nurse. V.B.’s attorney indicated that she had reviewed the police reports and was satisfied that there was a factual basis for the offense charged.

The court accepted V.B.’s admission to the petition after it made findings that V.B. was guilty but mentally ill, that she had waived her rights to a hearing and to confront witnesses, that her plea was voluntary, that there was a factual basis for the offense charged and that the mother concurred in the plea. The trial court then entered the agreed-upon disposition, adding the additional condition that V.B. not visit any hospitals in Peoria, unless accompanied by her mother, her aunt or her probation officer. The court also advised V.B. and her mother of their right to appeal from the decision.

Subsequently, the State filed a petition to revoke V.B.’s probation. The petition alleged that V.B. committed the offense of residential burglary on May 21, 1987. On June 1, 1987, V.B. appeared in court with her attorney and admitted to the allegations in the petition. Before accepting V.B.’s admission, the court advised V.B. of her right to trial, to testify and call witnesses, her privilege against self-incrimination, and her possible commitment to the Department of Corrections. The court also determined that there was a factual basis for the plea, in that V.B. admitted having entered the home of a friend, Kimberly Nordvall, through a window and stealing $5. After accepting her admission, the court ordered preparation of a placement investigation and an evaluation by Dietra Teichmann, Ph. D.

The social history report prepared by probation officer Valerie Baske indicates that 15-year-old V.B. had been a healthy child, enjoying normal development until she was involved in a severe auto accident at the age of five. V.B.’s father, uncle and cousin were killed in the accident, and V.B. suffered extensive injuries, leaving her physically and mentally impaired. She had undergone surgery on at least four occasions for skin grafting and to insert and remove pins in her hips. V.B.’s mother suffered a stroke when V.B. was one year old and has been unable to work since then. The report withheld a recommendation until V.B. could be evaluated by Dr. Teichmann. Attached to the report is the earlier psychiatric evaluation of V.B., performed by Dr. John E. Sheen, which concludes that V.B. suffers from post-traumatic organic brain syndrome and borderline-to-mild mental retardation and does not appreciate the rightness or wrongness of her acts.

The neuropsychological evaluation by Dr. Teichmann concludes that, although V.B. can learn to some degree the rightness and wrongness of acts, she does not understand how the principles of right and wrong apply to her or her actions. Dr. Teichmann states that V.B. could be easily misled by others into doing something wrong while not understanding that her actions are wrong. For this reason, Dr. Teichmann recommended 24-hour supervision and suggested that V.B. might respond positively to a behavior management type of program.

The supplemental and final probation reports of Valerie Baske detail Baske’s efforts to find an appropriate placement for V.B. Baske notes that, after she determined that none of the facilities contacted could take V.B., the Department of Children and Family Services (DCFS) and the Peoria Association for Retarded Citizens (PARC) entered into an agreement to provide services for V.B. while she lived in the home of her paternal aunt.

At the subsequent dispositional hearing on September 17, 1987, the court accepted the recommendation of both counsel and ordered that the minor’s probation term be extended to three years. As conditions of probation, V.B. was to cooperate and participate in the counseling and rehabilitation programs provided by PARC and she was not to get pregnant.

A second petition to revoke V.B.’s probation was filed on October 16, 1987. Testimony at the adjudicatory hearing indicates that V.B. stole a wallet belonging to Anna Maggio from Maggie’s purse. Maggio, a secretary at the Blaine-Sumner School, which V.B. attended, determined that the wallet was missing after V.B. used a phone in the school office. V.B. was later seen writing with a pen belonging to Maggio, and Maggio’s checkbook was found in the minor’s purse. V.B. told the school principal at that time that the pen was a gift from her aunt. In a statement to police as well as in her testimony, V.B. explained that she picked up the checkbook and pen after seeing them discarded outside the door of the school. V.B. stated that she had intended to turn the items in at school, but she forgot. V.B. had shown the wallet and pen to her aunt, who advised her to turn them in when she went to school the following morning. After hearing the evidence, the trial court found that V.B. had violated the terms of her probation.

A social history update prepared by DCFS indicates that V.B. had other problems at school, including fighting, being in school after hours without permission, failing to report for detention, and pulling up her skirt and exposing herself to two boys in class. The report recommends that V.B. continue her present placement and that she receive individual therapy and family support services.

At the dispositional hearing on November 19, 1987, no formal evidence was presented. While the State recommended commitment to the Department of Corrections, defense counsel argued for continuing the term of probation, along with a possible period of detention and with restrictions on V.B.’s behavior. Defense counsel explained that it would be traumatic for V.B.

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Related

People v. R.D.M.
731 N.E.2d 421 (Appellate Court of Illinois, 2000)
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591 N.E.2d 949 (Appellate Court of Illinois, 1992)
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228 Ill. App. 3d 272 (Appellate Court of Illinois, 1992)

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Bluebook (online)
533 N.E.2d 1150, 178 Ill. App. 3d 842, 128 Ill. Dec. 62, 1989 Ill. App. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vb-illappct-1989.