In re T.B.

Illinois Appellate Court
Civil Court
Juveniles
Citation
Case Number: 
2020 IL App (1st) 191041
Decision Date: 
Wednesday, March 18, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
ELLIS

Respondent, age 17, was found guilty, after bench trial, of robbery, attempted robbery, 2 counts of aggravated battery, and 2 counts of battery. He was adjudicated delinquent and sentenced to 1 year of probation. His adjudications for simple battery should be vacated under the one-act, one-crime doctrine, as they are based on same conduct as the aggravated battery adjudication. The probation condition of "no gang activity" satisfied 1st amendment and due process concerns; it was reasonably related to Respondent's rehabilitation. A history of gang activity is not a prerequisite for imposing this condition which is a basic preventative measure. Condition is not unconstitutionally vague or overbroad. (McBRIDE and HOWSE, concurring.)