In re E.W.

Illinois Appellate Court
Civil Court
Juvenile Sentencing
Citation
Case Number: 
2015 IL App (5th) 140341
Decision Date: 
Monday, February 23, 2015
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Affirmed in part as modified; reversed in part and remanded.
Justice: 
WELCH
Respondent minor, age 15 at time of offense, was adjudicated delinquent after entering fully negotiated guilty plea to criminal sexual assault, and was sentenced to five years probation. Respondent then entered open plea for adult portion of EJJ (extended jurisdiction juvenile) prosecution, and court entered 15-year conditional adult sentence, stayed pending successful completion of juvenile sentence. In adult portion of plea, conversation between court and counsel, not with Respondent, as to whether he had understood that he was waiving jury, and was not asked if he wished to persist in his plea. Respondent's postconviction petition set forth "gist" of a constitutional claim that his guilty plea was not knowing and voluntary. Respondent was given adequate notice that conditional adult sentence could be imposed if he violated condition of probation.(CHAPMAN and SCHWARM, concurring.)