In re S.M.

Illinois Appellate Court
Civil Court
Juvenile Law
Citation
Case Number: 
In re S.M.
Decision Date: 
Wednesday, February 4, 2015
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed.
Justice: 
WRIGHT
State charged Respondent minor with unlawful possession of a concealable handgun, under Section of Criminal Code which prohibits possession of concealable firearm or handgun for persons under age 18. State failed to present any evidence establishing "age" element of offense. Court erred in taking judicial notice of court record showing court's juvenile jurisdiction attached for matters involving minors under age 18. Court may take judicial notice of facts, sua sponte, only if judge makes clear before evidence is closed was facts and sources are included in sua sponte notice. Minor's unsworn statement of his age during arraignment cannot be used to meet State's burden of proof as to element of age. (LYTTON and O'BRIEN, concurring.)