In re Michael D. , 2015 IL App (1st) 143181 ( 2015 )

2015 IL App (1st) 143181No. 1-14-3181
Opinion filed March 20, 2015
FIFTH DIVISION
IN THE
APPELLATE COURT OF ILLINOIS
FIRST DISTRICT
In re MICHAEL D., ) Appeal from the Circuit Court
a Minor ) of Cook County.
)
(The People of the State of Illinois, )
)
Plaintiff-Appellee, )
)
v. )
) No. 13 JD 20137
Michael D., a Minor, )
) The Honorable
Defendant-Appellant). ) Richard F. Walsh,
Judge, presiding.
JUSTICE GORDON delivered the judgment of the court, with opinion.
Justices McBride and Reyes concurred in the judgment and opinion.
OPINION
No. 1-14-3181
¶1 Defendant Michael D., a minor, was found guilty of one count of theft by
deception, and placed on supervision for one year pursuant to a newly enacted
provision of the Juvenile Court Act of 1987 (the Act). Pub. Act 98-62, § 5 (eff.
Jan. 1, 2014) (amending 705 ILCS 405/5-615(1) (West 2012)).
¶2 The new provision allows a trial court to "enter an order of continuance
under supervision" even after "a finding of delinquency." Pub. Act 98-62, § 5
(eff. Jan. 1, 2014) (amending 705 ILCS 405/5-615(1) (West 2012)). Prior to the
amendment of the Act, a trial court could enter a supervision order only before
a finding of delinquency (In re Veronica C., 239 Ill. 2d 134, 146 (2010)), and a
supervision order before a delinquency finding was an interlocutory order that
was generally not appealable.1 In re M.W.W., 125 Ill. App. 3d 833, 835 (1984);
In re A.M., 94 Ill. App. 3d 86, 90 (1981).
¶3 The question before us is whether we are also without jurisdiction to
consider a supervision order entered after a delinquency finding, which the
2014 amendment now permits. The State argues that we lack jurisdiction, while
defendant argues that we have jurisdiction and should proceed to review his
substantive claims challenging the underlying finding of guilt.
1
One exception to this general rule is a restitution order, which has been
held to be immediately appealable when also part of a supervision order. E.g., In
re Shatavia S., 403 Ill. App. 3d 414, 417 (2010) (recognized "the authority to
review restitution orders as a part of the conditions of a minor's supervision").
However, defendant does not contest his order of restitution so this exception is not
at issue.
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¶4 For the following reasons, we agree with the State and conclude that the
supervision order is interlocutory and that we lack jurisdiction to review it.
¶5 BACKGROUND
¶6 The facts of the underlying offense do not affect the resolution of the
jurisdictional issue. Thus, we recite here only the procedural history of the
case.
¶7 On October 30, 2013, the State filed a petition for adjudication of
wardship which alleged that Michael D., who was then 16 years old, committed
two counts of theft. Count I alleged that on or about September 27, 2013,
defendant knowingly obtained control over stolen property, namely an "I-
phone," under such circumstances as would have reasonably induced him to
believe that the property was stolen, and with the intent to deprive the owner
permanently of its use and benefit.
¶8 Count II alleged that defendant obtained, by deception, control over the
property of another, namely, $160 in cash, with the intent to deprive that person
permanently of his money.
¶9 After a bench trial, on April 21, 2014, the court stated "[t]here will be a
finding of guilty" and then entered a written "Trial Order," which was a
preprinted form. The order, as completed by the court, stated: "The court
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having heard the evidence and arguments at trial enters a finding of: Guilty of
count(s) 1 + 2 of the petition."
¶ 10 On July 14, 2014, defendant filed a motion to reconsider. On August 11,
2014, after hearing argument from both sides, the trial court stated: "On your
motion to reconsider I have found him not guilty on Count 1. Your motion to
reconsider is denied on Count 2." The trial court then entered a written
"Continuance Order," which stated "Motion to Reconsider Granted for Ct #1,
denied for Ct #2" and which continued the case for sentencing.
¶ 11 In the presentence report, dated October 20, 2014, the probation officer
recommended that "the minor be placed on 1 year Supervision" with certain
conditions, such as community service.
¶ 12 At the sentencing hearing on October 20, 2014, the State asked for "one
year probation," and defense counsel responded: "Supervision is definitely
something that we would argue for as [a] means of disposition in this case."
The only condition of supervision to which defense counsel objected was a
referral to "Treatment Alternatives for Safe Communities, Inc." (TASC), for a
drug evaluation. The trial court held: "I am going to follow the
recommendation of the probation officer, and place the minor on one year
supervision with the probation officer." The court also ordered the conditions
recommended by the presentence report including the TASC referral, and
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advised defendant of his appeal rights. A six-month progress report was set for
April 20, 2015, and the trial court appointed the State Appellate Defender to
represent defendant on appeal.
¶ 13 In a written order entitled "Probation (Supervision) Order" order, dated
October 20, 2014, the trial court adopted the probation officer's
recommendation and placed defendant on "supervision" for one year with
certain conditions, such as community service. The order, which is a preprinted
form, provided the court with the option of circling either "Probation" or
"Supervision," and the court circled "Supervision," so the order states: "you
have been placed on Supervision." The order informed defendant that, if he
violated the terms of his supervision, the court could revoke it and "sentence
you on the original offense." A "Progress Report/Termination Hearing" was set
for "4-20-14," which contained a transcription error with respect to the year.
¶ 14 On October 20, 2014, the trial court also entered a "Sentencing Order"
which was another preprinted form and which stated: "No finding or judgment
of guilty entered. The minor is placed on supervision for a period of 1 year."
The sentencing order reiterated the conditions stated in the supervision order
and stated that the "case is continued."
¶ 15 On October 20, 2014, the trial court also entered a written order
appointing the State Appellate Defender "for purposes of an appeal in this
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matter," and on October 23, 2014, the State Appellate Defender filed a notice of
appeal. This appeal followed.
¶ 16 ANALYSIS
¶ 17 The threshold question is whether we have jurisdiction to consider a
juvenile supervision order entered after a finding of guilt. The State argues that
we lack jurisdiction; and defendant argues that we have jurisdiction and should
proceed to consider his substantive claims challenging the trial court's finding
of guilt.
¶ 18 Defendant's postdelinquency supervision is permitted by a new provision
of the Act (Pub. Act 98-62, § 5 (eff. Jan. 1, 2014) (amending 705 ILCS 405/5-
615(1) (West 2012))). Neither party cited a case discussing the 2014
amendment. Only one reviewing court has cited the 2014 amendment, and that
case concerned an unrelated issue. In re Derrico G., 2014 IL 114463, ¶¶ 4, 52
(the 2014 amendment, which allowed a trial court to order post-guilt
supervision even over the State's objection, did not render moot the State's
appeal from the circuit court's order declaring unconstitutional the Act's
prohibition of pre-guilt supervision without the State's approval).
¶ 19 For the following reasons, we conclude that the order appealed from is an
interlocutory order, and that we lack jurisdiction to review it. In re Lance H.,
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2014 IL 114899, ¶ 12 (we must always consider our own jurisdiction "[a]s a
threshold inquiry").
¶ 20 I. Standard of Review
¶ 21 The issue of whether the Act and the applicable Supreme Court Rules
authorize appellate jurisdiction in this case is a question of statutory
interpretation, which we review de novo. People v. Almond, 2015 IL 113817,
¶ 34 (citing People v. Elliott, 2014 IL 115308, ¶ 11). The primary objective of
statutory interpretation is to give effect to the legislature's intent, which is best
indicated by the plain language of the statute itself. State ex rel. Pusateri v.
Peoples Gas Light & Coke Co., 2014 IL 116844, ¶ 8 (citing Citizens Opposing
Pollution v. ExxonMobil Coal U.S.A., 2012 IL 111286, ¶ 23). Where the
language is plain and unambiguous, we apply the statute without resort to
further aids of statutory interpretation. In re Lance H., 2014 IL 114899, ¶ 11.
However, if a criminal statute is ambiguous, we will interpret the statute in the
way most favorable to the defendant. Almond, 2015 IL 113817, ¶ 31 (citing
People v. Carter, 213 Ill. 2d 295, 302-04 (2004)). We also consider the statute
in its entirety, the reason for the law, the problems that the legislature intended
to remedy with this law, and the consequences of construing it one way or the
other. Almond, 2015 IL 113817, ¶ 34 (we "also consider the reason for the law
and the problems intended to be remedied"); People v. Eppinger, 2013 IL
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114121, ¶ 21 (we consider "the statute in its entirety, its nature and object, and
the consequences of construing it one way or the other").
¶ 22 II. Stages of a Juvenile Proceeding
¶ 23 Since we must consider the Act in its entirety, we briefly describe here
the overall scheme of the Act.
¶ 24 The Act provides for three distinct stages of a juvenile delinquency
procceding: "[(1)] the findings phase, [(2)] the adjudicatory phase, and [(3)] the
dispositional phase." In re Veronica C., 239 Ill. 2d 134, 144 (2010); In re
Samantha V., 234 Ill. 2d 359, 365 (2009); People ex rel. Devine v. Stralka, 226
Ill. 2d 445, 451 (2007).
¶ 25 The first or "findings" stage consists of a trial, which was previously
called an " 'adjudicatory hearing.' " Veronica C., 239 Ill. 2d at 144. Our
supreme court no longer uses the term "adjudication" to refer to the finding of
guilt or delinquency which concludes the first stage, apparently because it was
too easily confused with the adjudication of wardship, which concludes the
second stage. Veronica C., 239 Ill. 2d at 144; Samantha V., 234 Ill. 2d at 365("the adjudication phase" is "where the court determines whether *** to make
the minor a ward of the court").
¶ 26 During the first or "findings" stage, "the trial court applies the reasonable
doubt standard of proof and the rules of evidence that would be followed in a
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criminal case, to determine whether the minor is guilty as charged and should
thus be adjudged delinquent." Veronica C., 239 Ill. 2d at 144-45; Samantha V.,
234 Ill. 2d at 365; Stralka, 226 Ill. 2d at 452. "In a juvenile delinquency case, a
finding of guilt and a finding of delinquency are one and the same." Veronica
C., 239 Ill. 2d at 145. In the case at bar, the trial court stated in open court and
in its "Trial Order" and "Continuance Order" that it found defendant guilty of
one count of the wardship petition. Thus the first or "findings" phase was
complete, concluding with the trial court's reconsidered finding of guilt or
delinquency on August 11, 2014.
¶ 27 If a trial court decides to order supervision, it may do so either before or
after a finding of guilt. Pub. Act 98-62, § 5 (eff. Jan. 1, 2014) (amending 705
ILCS 405/5-615(1) (West 2012)).
¶ 28 The second stage is "the adjudication phase, where the court determines
whether it is in the best interests of the minor and the public to make the minor
a ward of the court." Veronica C., 239 Ill. 2d at 145; Samantha V., 234 Ill. 2d
at 365; Stralka, 226 Ill. 2d at 453. "Under the Juvenile Court Act, a dipositional
order is not to be entered until after the court has adjudged the minor a ward of
the court." In re M.W.W., 125 Ill. App. 3d 833, 836 (1984). "It has been held
that a minor need not be explicitly adjudged to be a ward of the court in order to
give the court jurisdiction to enter a dispositional order. [Citation.] An
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adjudication of wardship may be implied from the circumstances of the case."
(Emphasis in original.) In re M.W.W., 125 Ill. App. 3d at 836 (citing In re J.N.,
91 Ill. 2d 122, 129 (1982)).
¶ 29 If the minor is made a ward of the court, the matter proceeds to the third
or "dispositional phase, where the court fashions an appropriate sentence that
will best serve the minor and the public." Veronica C., 239 Ill. 2d at 145;
Samantha V., 234 Ill. 2d at 365; Stralka, 226 Ill. 2d at 453. Section 5-710 of the
Act is entitled "Kinds of sentencing orders," and it lists the kinds of sentencing
orders which a trial court may enter during this third or dispositional stage. 705
ILCS 405/5-710 (West 2012). This section provides for probation, conditional
discharge, detention and other options, but it does not list supervision as an
option at this point. 705 ILCS 405/5-710 (West 2012); Veronica C., 239 Ill. 2d
at 146 (section 5-710 of the Act lists "the only dispositional alternatives
remaining" after a finding of guilty and " 'continuance under supervision' is not
listed among them").
¶ 30 Supervision is different from the options listed in section 5-710 of the
Act, in that it is "the most lenient" outcome possible for delinquency petitions,
"except for dismissal of the petition." In re T.W., 101 Ill. 2d 438, 440 (1984).
With supervision, the trial court may terminate the supervision "at any time if
warranted by the conduct of the minor," or "vacate the finding of delinquency
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or both." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014) (amending 705 ILCS 405/5-
615(1) (West 2012)).
¶ 31 Both the second and third stages of a juvenile proceeding occur at
"sentencing," which is then a bifurcated proceeding encompassing both stages.
Veronica C., 239 Ill. 2d at 145. In the case at bar, the parties and the court
referred to the proceeding on October 20, 2014, as a sentencing proceeding, and
the trial court entered a "Sentencing Order" after its conclusion. However, the
trial court never expressly stated that it had made the minor a ward of the court,
and the "Sentencing Order" stated: "No finding or judgment of guilty entered.
The minor is placed on supervision for a period of 1 year."
¶ 32 Thus, the parties do not agree whether the second and third stages were
completed or whether defendant's supervision constitutes a final disposition or
sentence from which he may appeal.
¶ 33 III. The New and Old Provisions
¶ 34 We now set forth the 2014 amendment and the prior 2012 law to
ascertain the differences between them and hence the purpose of the
amendment.
¶ 35 The key difference is that the new law allows a trial court to "enter an
order of continuance under supervision" even after "a finding of delinquency,"
(Pub. Act 98-62 (eff. Jan. 1, 2014) (amending 705 ILCS 405/5-615(1) (West
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2012))), while the 2012 law permitted a trial court to enter such an order only
before a finding of delinquency. 705 ILCS 405/5-615(1) (West 2012) (the order
could be entered either "before proceeding to adjudication, or after hearing the
evidence at trial"); In re Danielle J., 2013 IL 110810, ¶ 35 (under the old
statute, "a continuance under supervision was statutorily precluded once a
finding of guilt was entered" (emphasis in original)); Veronica C., 239 Ill. 2d at
146 (once the trial "court had already found respondent guilty," supervision was
"no longer" an option under the old statute).
¶ 36 A. The New Provisions
¶ 37 Effective January 1, 2014, section 5-615(1) of the Act was amended so
that it now reads:
"(1) The court may enter an order of continuance under supervision
for an offense other than first degree murder, a Class X felony or a
forcible felony:
(a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the petition
and before the court makes a finding of delinquency, and in the
absence of objection made in open court by the minor, his or her
parent, guardian, or legal custodian, the minor's attorney or the State's
Attorney; or
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(b) upon a finding of delinquency and after considering the
circumstances of the offense and the history, character, and condition
of the minor, if the court is of the opinion that:
(i) the minor is not likely to commit further crimes;
(ii) the minor and the public would be best served if the minor
were not to receive a criminal record; and
(iii) in the best interests of justice an order of continuance
under supervision is more appropriate than a sentence otherwise
permitted under this Act." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(1) (West 2012)).
¶ 38 Since the trial court made "a finding of delinquency" in the case at bar,
subsection (b) applies, not subsection (a). Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(1) (West 2012)). As we previously observed,
"[i]n a juvenile delinquency case, a finding of guilt and a finding of delinquency
are one and the same." Veronica C., 239 Ill. 2d at 145. The trial court
expressly stated in open court that it found defendant guilty of one count of the
wardship petition. "When the oral pronouncement of the court and the written
order are in conflict, the oral pronouncement controls." People v. Jones, 376
Ill. App. 3d 372, 395 (2007) (citing People v. Smith, 242 Ill. App. 3d 399, 402
(1993)). See also People v. Lewis, 379 Ill. App. 3d 829, 837 (2008) ("When a
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No. 1-14-3181
trial court's oral pronouncement conflicts with its written judgment, the oral
pronouncement controls" (citing People v. Savage, 361 Ill. App. 3d 750, 762
(2005) and People v. Smith, 242 Ill. App. 3d 399, 402 (1993)). Thus, the trial
court made a "finding of delinquency" as stated in subsection (b), and
subsection (b) applies rather than subsection (a).
¶ 39 In addition to amending subsection (1) to add the option of post-guilt
supervision, the 2014 law also made changes to subsections (4) and (7) of
section 5-615. Subsection (4) was amended to add the words: "or vacate the
finding of delinquency or both." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(4) (West 2012)). Thus, subsection (4) now
reads: "The court may terminate a continuance under supervision at any time if
warranted by the conduct of the minor and the ends of justice or vacate the
finding of delinquency or both." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(4) (West 2012)). Since the 2014 amendment
added, with the same stroke of the pen, both the option of post-guilt supervision
and the authority to vacate the finding of guilt, there is no doubt that the trial
court's authority to vacate applies to post-guilt supervision. The 2014
amendment does not place any limits on the trial court's discretion to vacate its
prior findings of guilt, except that the trial court's termination of supervision
must be "warranted by the conduct of the minor and the ends of justice." Pub.
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Act 98-62, § 5 (eff. Jan. 1, 2014) (amending 705 ILCS 405/5-615(4) (West
2012)).
¶ 40 In addition to adding the option of post-guilt supervision and the
authority to vacate the guilty finding upon which that supervision was based,
the 2014 law also added that, if defendant violates the terms of his supervision,
the court may then proceed to "adjudication and disposition." Pub. Act 98-62,
§ 5 (eff. Jan. 1, 2014) (amending 705 ILCS 405/5-615(7) (West 2012)). This
change indicates that post-guilt supervision occurs prior to "adjudication" of
wardship. Previously the Act stated that, after a violation, "the court may
proceed to [(1)] findings and [(2)] adjudication and [(3)] disposition" (705 ILCS
405/5-615(7) (West 2012)), which are the three stages of a juvenile proceeding.
E.g., Veronica C., 239 Ill. 2d at 144. After the 2014 amendment, the Act stated
that "the court may proceed to [(A)] findings, adjudication, and disposition or
[(B)] adjudication and disposition." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(7) (West 2012)). The first clause, which
existed prior to the 2014 amendment, covers cases prior to "findings" of guilt,
while the second clause, which was added in 2014, covers the newly enacted
post-guilt supervision. This change indicates that post-guilt supervision occurs
prior to completion of the second stage, which is adjudication of wardship.
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Veronica C., 239 Ill. 2d at 145; Samantha V., 234 Ill. 2d at 365; Stralka, 226 Ill.
2d at 453.
¶ 41 B. The Old Statute
¶ 42 Prior to the 2014 amendment, section 5-615(1) of the Act stated:
"(1) The court may enter an order of continuance under supervision
for an offense other than first degree murder, a Class X felony or a
forcible felony (a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the petition and
before proceeding to adjudication, or after hearing the evidence at the
trial, and (b) in the absence of objection made in open court by the minor,
his or her parent, guardian, or legal custodian, the minor's attorney or the
State's Attorney." 705 ILCS 405/5-615(1) (West 2012).
¶ 43 Thus, the old statute permitted the trial court to order "supervision" only
prior to the trial court's finding of guilt. 705 ILCS 405/5-615(1) (West 2012);
Danielle J., 2013 IL 110810, ¶ 35 (under the old statute, "a continuance under
supervision was statutorily precluded once a finding of guilt was entered"
(emphasis in original)); Veronica C., 239 Ill. 2d at 146 (once the trial "court had
already found respondent guilty," supervision was "no longer" an option under
the old statute).
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¶ 44 IV. Jurisdiction Issue
¶ 45 Defendant argues that we have jurisdiction over this appeal because the
order imposing supervision was a final judgment, and we have jurisdiction to
hear appeals from "final judgments." In re J.N., 91 Ill. 2d 122, 126 (1982)
("Except where a rule of this court provides for an interlocutory appeal, the
appellate court has jurisdiction to review only final judgments." (citing Ill.
Const. 1970, art. VI, § 6)); Ill. S. Ct. R. 660(a) (eff. Oct. 1, 2001) (permitting
"[a]ppeals from final judgments in delinquent minor proceedings" pursuant to
"the rules applicable to criminal cases"); In re B.C.P., 2013 IL 113908, ¶ 5
(Rule 660(a) "covers appeals in delinquent minor cases, but it expressly
incorporates the criminal appeals rules only as to final judgments").
¶ 46 "A judgment is final if it decides the controversy between the parties on
the merits and fixes their rights, so that, if the judgment is affirmed, nothing
remains for the trial court to do but to proceed with its execution." In re J.N.,
91 Ill. 2d at 127. "In criminal cases, there is no final judgment without a
sentence." In re J.N., 91 Ill. 2d at 127. "Similarly, in proceedings under the
Juvenile Court Act, the dispositional order results in the final judgment." In re
J.N., 91 Ill. 2d at 127; In re Justin L.V., 377 Ill. App. 3d 1073, 1079 (2007)
("the dispositional order in a juvenile delinquency proceeding will be
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No. 1-14-3181
considered a final order"). "In determining whether a judgment is final, one
should look to its substance rather than its form." In re J.N., 91 Ill. 2d at 128.
¶ 47 The parties are in agreement that a minor can generally not appeal an
order of supervision entered pursuant to the old statute, and case law supports
this point. In re A.M., 94 Ill. App. 3d 86, 90 (1981). See also In re M.W.W., 125
Ill. App. 3d 833, 835 (1984) ("if in fact the order here is an order for
continuance under supervision *** as it so states on its face, then the State's
assertion of unappealability is correct"). Cf. Kirwan v. Welch, 133 Ill. 2d 163,
167 (1989) (an adult order of "supervision is not a final judgment," because it
"merely defers the proceedings until the conclusion of the period of
supervision" and it "does not terminate the litigation" or "settle the rights of the
parties").
¶ 48 One exception to this general rule is a restitution order, which has been
held to be immediately appealable when part of a supervision order. For
example, in Shatavia S., 403 Ill. App. 3d at 417, cited by both parties, the
appellate court held that a minor could appeal a restitution order which was a
condition of his pre-guilt supervision under the old statute. Shatavia S., 403 Ill.
App. 3d at 417. See also In re T.W., 268 Ill. App. 3d 744, 745 (1994) (rejected
the State's argument about lack of jurisdiction and heard the minor's "appeal
from a restitution order entered as conditions of a minor's supervision"); In re
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D.R., 219 Ill. App. 3d 13, 15 (1991) (heard an appeal from a restitution order
entered as a condition of a minor's supervision, where the State did not object to
jurisdiction).
¶ 49 Both parties argue that the Shatavia S. case is not controlling here, and
we agree. In Shatavia S., the appellate court emphasized that the minor was
appealing his restitution and not a finding of guilt. Shatavia S., 403 Ill. App. 3d
at 417. By contrast, in the case at bar, defendant's counsel specifically asked the
trial court to consider supervision, and the only condition to which he objected
was the TASC referral. On appeal, defendant does not challenge any of the
conditions of his supervision or the court's decision to impose supervision as
opposed to another option. He appeals only the underlying finding of guilt.
Thus, the parties are correct that Shatavia S. is not controlling here.
¶ 50 Defendant argues that post-guilt supervision is "akin" to a sentence of
supervision in adult court (730 ILCS 5/5-6-3.1(h) (West 2012)), which is a
judgment from which an adult defendant may appeal. Section 5-6-3.1 of the
Unified Code of Corrections governs supervision in adult cases, and it
specifically provides: "A disposition of supervision is a final order for the
purposes of appeal." 730 ILCS 5/5-6-3.1(h) (West 2012). See also Ill. S. Ct. R.
604(b) (eff. Dec. 11, 2014) (a defendant who has been placed under supervision
pursuant to section 5-6-3.1 may appeal).
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¶ 51 Similar to juvenile supervision, adult supervision may end with the
dismissal of charges, but there are significant differences. With juvenile
supervision, "[t]he court may terminate a continuance under supervision at any
time if warranted by the conduct of the minor and the ends of justice or vacate
the finding of delinquency or both." Pub. Act 98-62, § 5 (eff. Jan. 1, 2014)
(amending 705 ILCS 405/5-615(4) (West 2012)). With adult supervision, the
court must wait to "the conclusion of the period of supervision," and then, "if
the court determines that the defendant has successfully complied with all of the
conditions of supervision," the court must dismiss the charges. 730 ILCS 5/5-6-
3.1(e) (West 2012).
¶ 52 The differences are that, with adult supervision, (1) the court must wait
for the conclusion of the supervisory period; and (2) the court may dismiss the
charges only if the defendant successfully complied with all the conditions
imposed with the supervision. 730 ILCS 5/5-6-3.1(e) (West 2012). By contrast,
with juvenile supervision, (1) the court may vacate the finding of guilt at any
time; and (2) the court may do so, without first finding that the minor complied
with all his or her supervisory conditions, so long as this action is "warranted by
the conduct of the minor and the ends of justice." Pub. Act 98-62, § 5 (eff. Jan.
1, 2014) (amending 705 ILCS 405/5-615(4) (West 2012)).
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¶ 53 Even if we were persuaded that a juvenile supervision order was similar
to an adult one, we still would not have the power to review it. First, although
both section 5-6-3.1 of the Unified Code of Corrections (Corrections Code)
(730 ILCS 5/5-6-3.1(h) (West 2012)) and Illinois Supreme Court Rule 604(b)
(eff. Dec. 11, 2014) indicate that appellate courts have jurisdiction to review
adult supervision orders, those provisions apply only to adult supervision
orders. The text of Rule 604(b) contains the cites of the sections to which it
applies. While it includes a cite to section 5-6.3.1 of the Corrections Code
which governs adult supervision orders, Rule 604(b) does not include a cite to
any portion of the juvenile Act. Ill. S. Ct. R. 604(b) (eff. Dec. 11, 2014). As
for section 5-6.3.1, it is part of chapter V of the Corrections Code, which
provides the sentencing options for adult offenders and those juveniles subject
to adult sentences. 705 ILCS 405/5-810(4)(ii) (West 2012) (chapter V of the
Corrections Code provides "adult criminal sentence[s]" as well as sentences for
juveniles subject to adult sentences); In re M.I., 2013 IL 113776, ¶ 42. Since
defendant is neither an adult nor a juvenile subject to an adult sentence, Section
5-6.3.1 does not affect our jurisdiction to hear defendant's appeal.
¶ 54 Second, only two supreme court rules provide appellate courts with
jurisdiction to review juvenile orders, and neither rule provides jurisdiction
here. Ill. S. Ct. R. 660 (eff. Oct. 1, 2001); R. 662 (eff. Oct. 1, 1975). Rule 660
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provides jurisdiction to review only "final" judgments in juvenile cases (Ill. S.
Ct. R. 660(a) (eff. Oct. 1, 2001)), and the 2014 amendment augmented the
interlocutory nature of the juvenile supervision order, by providing the trial
court with the power to vacate it at anytime (Pub. Act 98-62, § 5 (eff. Jan. 1,
2014) (amending 705 ILCS 405/5-615(4) (West 2012))). This case is set for a
progress report on April 20, 2015, and the trial court may vacate at that time the
very conclusion which the juvenile is now asking us to review.
¶ 55 The second rule, Rule 662, provides jurisdiction to review interlocutory
juvenile orders in very limited cases, such as when the trial court fails to enter a
disposition order within 90 days of the adjudication of wardship or when the
trial court enters an order revoking probation or conditional discharge. Ill. S. Ct.
R. 662(a), (b) (eff. Oct. 1, 1975). The parties do not argue that either one of
these limited circumstances applies to this case.
¶ 56 The supreme court rules do not authorize our review, and, wisely so,
because review at this point in the case would not be efficient, where the trial
court could still vacate its prior conclusion. However, even if we were
persuaded that the rules should be modified to allow review now, we are the
wrong court to consider this issue. While the Illinois Supreme Court has the
constitutional power to modify the rules as it sees fit, the appellate court is
"bound to follow the rules as written." In re B.C.P., 2013 IL 113908, ¶ 8.
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Defendant does not argue that Rule 604(b) as currently written permits his
appeal, but only that his situation is "akin" to the situation allowed by Rule
604(b) and thus it should be applied by analogy. That is an argument that must
be made to a different court. B.C.P., 2013 IL 113908, ¶ 7.
¶ 57 CONCLUSION
¶ 58 For the foregoing reasons, this appeal is dismissed for lack of
jurisdiction.
¶ 59 Appeal dismissed.
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