In re Antoine B.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2014 IL App (3rd) 110467-B
Decision Date: 
Tuesday, February 4, 2014
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Vacated in part; remanded with directions.
Justice: 
CARTER
(Modified upon denial of rehearing 3/13/14.) Respondent minor, age 14 at time of offense, was adjudicated delinquent for two counts of felony theft for stealing two bicycle lights, elevated to felonies due to prior delinquency adjudication for theft. Respondent was committed to Department of Juvenile Justice (DOJJ) for indeterminate term up to three years. Respondent's current juvenile adjudications for felony theft are not void but should be reduced to misdemeanor theft adjudications, as prior conviction is not an element of two theft offenses. Dispositional order committing Respondent to DOJJ is not authorized for misdemeanor offenses and is void. (HOLDRIDGE and WRIGHT, concurring.)