People v. Henderson, Gen. No. 54994
| Court | United States Appellate Court of Illinois |
| Citation | 276 N.E.2d 377,2 Ill.App.3d 285 |
| Docket Number | Gen. No. 54994 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Linda HENDERSON (Impleaded), Defendant-Appellant. |
| Decision Date | 11 November 1971 |
Page 377
v.
Linda HENDERSON (Impleaded), Defendant-Appellant.
[2 Ill.App.3d 286] Herbert Becker, Ronald P. Katz, James J. Doherty, Asst. Public Defenders, Chicago, for defendant-Appellant.
Robert A. Novelle and Henry A. Hauser, Asst. State's Attys., Chicago, for plaintiff-appellee.
McGLOON, Justice.
Defendant, Linda Henderson, was found guilty of attempted robbery by a circuit Court judge sitting without a jury. The judge sentenced her to from one to three years in Dwight Women's Reformatory, but upon subsequently learning that she was 17 years of age rather than 18 as she alleged at trial, the judge entered a nunc pro tunc order correcting mittimus to 'The Illinois Youth Commission.' On appeal defendant argues that the Criminal Division of the Circuit Court had no jurisdiction to hear the charge against defendant, that the charge should have been brought before the Juvenile Court, and that, therefore, her conviction should be reversed.
We affirm.
Because no issue of evidence is involved in this appeal, we need not recite the facts upon which the charge of attempted robbery was predicated. Suffice it to say that the Circuit Court found them adequately proved to establish defendant's guilty beyond a reasonable doubt.
At trial defendant testified that she was 18 years of age. She was found guilty as charged and sentenced by the Court on December 11, 1969. On February 8, 1970, defendant's mother filed a Petition to Correct Mittimus alleging that at the time of trial and sentencing defendant was only 17 years old, and praying for an order nunc pro tunc correcting the mittimus to change the place of confinement to the Illinois Youth Commission rather than the 'Illinois Reformatory for Women at Dwight, [2 Ill.App.3d 287] Illinois.' That same day the Court allowed the petition, and ordered defendant committed to the custody of the Juvenile Division of the Department of Corrections.
The defendant would have this court find that not only was the Circuit Court without jurisdiction to sentence defendant to the Youth Commission after learning her true age, but further, that it was without jurisdiction to try the case initially in spite of defendant's voluntary misrepresentation of her age. Defendant maintains that this follows as a consequence of the Juvenile Court Act,...
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People v. Arnold, No. 1-99-2007 to 1-99-2009.
...26, 27 (1977). As Hall correctly states, "[People v.] Smith [59 Ill.2d 236, 240, 319 N.E.2d 760, 763 (1974)] and [People v.] Henderson [2 Ill.App.3d 285, 288, 276 N.E.2d 377, 378 (1971)] suggest that prosecution of a juvenile in adult criminal proceedings without regard to the transfer prov......
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Twyman v. State, 2-183A3
...as a juvenile. Penn v. Peyton, (W.D.Va.1967) 270 F.Supp. 981; Smith v. State, (Fla.App.1977) 345 So.2d 1080; People v. Henderson, (1971) 2 Ill.App.3d 285, 276 N.E.2d 377; State v. Peterson, (1966) 9 Ohio Misc. 154, 223 N.E.2d 838; Sheppard v. Rhay, (1968) 73 Wash.2d 734, 440 P.2d 422; Nelso......
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Grandison v. Warden, Maryland House of Correction, 77-2186
...436 P.2d 948, 953 (1968) (and authority cited therein); Sheppard v. Rhay, 73 Wash.2d 734, 440 P.2d 422, 426 (1968); People v. Henderson, 2 Ill.App.3d 285, 276 N.E.2d 377 We leave for a future date the issue as to whether a juvenile, by misrepresenting his age as that of an adult, waives his......
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Greene, In re, s. 50784
...procedures which inure to juveniles accused of criminal offenses (Ill.Rev.Stat.1977, ch. 37, par. 702-7; People v. Henderson (1971), 2 Ill.App.3d 285, 288, 276 N.E.2d 377; People v. Hall (1977), 55 Ill.App.3d 341, 343, 13 Ill.Dec. 331, 371 N.E.2d 26; see People v. Smith (1974), 59 Ill.2d 23......
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People v. Arnold
...26, 27 (1977). As Hall correctly states, "[People v.] Smith [59 Ill.2d 236, 240, 319 N.E.2d 760, 763 (1974)] and [People v.] Henderson [2 Ill.App.3d 285, 288, 276 N.E.2d 377, 378 (1971)] suggest that prosecution of a juvenile in adult criminal proceedings without regard to the transfer prov......
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Twyman v. State, 2-183A3
...... Linley E. Pearson, Atty. Gen., Theodore E. Hansen, Deputy Atty. Gen., Indianapolis, for ...981; Smith v. State, (Fla.App.1977) 345 So.2d 1080; People v. Henderson, (1971) 2 Ill.App.3d 285, 276 N.E.2d 377; State v. Peterson, ......
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Grandison v. Warden, Maryland House of Correction, 77-2186
....... Page 1232 . Diane G. Goldsmith, Asst. Atty. Gen., Baltimore, Md. (Francis B. Burch, Atty. Gen. of Maryland, Clarence W. ... 'if you don't, you are going to end up doing it with a lot of other people in this jail or in this section.' Although it was conceded at trial that ...Rhay, 73 Wash.2d 734, 440 P.2d 422, 426 (1968); People v. Henderson, 2 Ill.App.3d 285, 276 N.E.2d 377 (1971). . We leave for ......
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Greene, In re, s. 50784
...procedures which inure to juveniles accused of criminal offenses (Ill.Rev.Stat.1977, ch. 37, par. 702-7; People v. Henderson (1971), 2 Ill.App.3d 285, 288, 276 N.E.2d 377; People v. Hall (1977), 55 Ill.App.3d 341, 343, 13 Ill.Dec. 331, 371 N.E.2d 26; see People v. Smith (1974), 59 Ill.2d 23......