People v. Shelby R

This case presents question as to whether trial court properly sentenced defendant-minor to 364-day sentence after finding that minor had violated terms of her probation on underlying conviction for unlawful consumption of alcohol by minor. Appellate Court, in vacating instant sentence, found that section 5-710(1)(b) of Juvenile Act prohibited any incarceration of instant minor to Dept. of Juvenile Justice for instant probation violation where individuals over age of 21 cannot be found guilty of or incarcerated for illegal consumption of alcohol. Appellate Court also rejected State’s claim that sentencing issue was moot even though State noted that minor had served her sentence and had been discharged from parole.