People v. Esparza

Illinois Appellate Court
Criminal Court
resisting arrest
Citation
Case Number: 
2014 IL App (2d) 130149
Decision Date: 
Tuesday, August 19, 2014
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
BURKE
Defendant was convicted, after jury trial, of escape and resisting or obstructing a peace officer. It was proper for Defendant, who was 16 when he initially fled from home detention but was 17 when arrested, to be prosecuted in criminal court. Escape is a continuing offense, which encompassed Defendant's removal of his electronic home monitoring ankle device at age 16, and also his failure to return to custody until age 17. Court properly imposed 180-day jail term on both offenses, and 30-month probation sentence only on escape offense. (HUTCHINSON and BIRKETT, concurring.)