{
  "id": 3330600,
  "name": "In re WILFREDO SANTANA, a Minor. - (THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. WILFREDO SANTANA, Respondent-Appellant.)",
  "name_abbreviation": "People v. Santana",
  "decision_date": "1978-09-11",
  "docket_number": "No. 77-1726",
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  "last_updated": "2023-07-14T19:48:21.732212+00:00",
  "provenance": {
    "date_added": "2019-08-29",
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  "casebody": {
    "judges": [],
    "parties": [
      "In re WILFREDO SANTANA, a Minor.\u2014(THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. WILFREDO SANTANA, Respondent-Appellant.)"
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE McGLOON\ndelivered the opinion of the court:\nThe minor-respondent Wilfredo Santana, was adjudged delinquent based on a petition for an adjudication of wardship charging attempt burglary. (Ill. Rev. Stat. 1975, ch. 38, par. 8 \u2014 4.) He was committed to the Department of Corrections. On appeal he contends the State did not prove that he was under 17 years of age at the time he committed the delinquent act.\nRespondent was arrested by police as he stood on the enclosed back porch of a Chicago home; several windows had been broken including one that would allow entry into the kitchen. Respondent thereafter appeared before Judge Charles Leary to determine when the adjudicatory hearing would be scheduled. Respondent told the court that he was 16 years of age. The cause was continued and Judge Peter Costa presided at the adjudicatory hearing. At that part of the proceedings no proof was adduced as to respondent\u2019s age. However, at the dispositional phase of the proceedings, the probation officer, who had compiled a detailed social investigation of respondent, informed the court that respondent was 16 years old.\nThe question of the necessity of proof of the respondent\u2019s age by the State in delinquency matters has resulted in divergent views among the respective divisions in this appellate district. This court has held that proof of the minor\u2019s age is an essential statutory fact which permits the trial court to proceed under the Juvenile Court Act. If proof of age is not shown by the record the cause is remanded for such determination. (In re Frazier (1978), 60 Ill. App. 3d 119, 376 N.E.2d 643.) The second division of this court has recently adopted the approach set forth in Frazier and in so doing has apparently overruled its prior decision of In re Brown (1977), 49 Ill. App. 3d 580, 364 N.E.2d 657, aff\u2019d on other grounds, 71 Ill. 2d 151, 374 N.E.2d 209, which held that proof of respondent\u2019s age was an essential element to show delinquency and where proof was lacking the judgment of delinquency would be reversed. (In re Caffey (1978), 63 Ill. App. 3d 214, 379 N.E.2d 884.) The third and fifth divisions adopted a view commensurate with the appellate court\u2019s decision in Brown. (In re Greene (1978), 59 Ill. App. 3d 286, 374 N.E.2d 1322 and In re Eicher (1978), 59 Ill. App. 3d 1021, 376 N.E.2d 697.) The fourth division has determined that unless the respondent expressly raises the issue of his age, the State is not required to adduce proof thereon and the matter is waived. In re Dyess (1978), 62 Ill. App. 3d 571, 378 N.E.2d 1313; In re Young (1978), 63 Ill. App. 3d 897, 380 N.E.2d 907.\nAfter consideration of these opinions we adhere to our decision in Frazier. But in so doing we find it unnecessary to remand the matter to conduct an evidentiary hearing concerning respondent\u2019s age at the time he committed the delinquent act. In this case respondent\u2019s admission to Judge Leary that he was 16 years of age is adverse to his contention on appeal and was sufficient to fulfill the requirements set forth in Frazier. (See generally 18 Ill. L. & Prac. Evidence \u00a7131 (1956).) To remand for further consideration of the matter under such circumstances would be a needless act.\nAccordingly, the judgment of the circuit court is affirmed.\nJudgment affirmed.\nGOLDBERG, P. J., and O\u2019CONNOR, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE McGLOON"
      }
    ],
    "attorneys": [
      "James J. Doherty, Public Defender, of Chicago (Geraldine V. Biggs and Frances G. Sowa, Assistant Public Defenders, of counsel), for appellant.",
      "Bernard Carey, State\u2019s Attorney, of Chicago (Lee T. Hettinger, Iris E. Sholder, and Marva W. Cohen, Assistant State\u2019s Attorneys, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "In re WILFREDO SANTANA, a Minor.\u2014(THE PEOPLE OF THE STATE OF ILLINOIS, Petitioner-Appellee, v. WILFREDO SANTANA, Respondent-Appellant.)\nFirst District (1st Division)\nNo. 77-1726\nOpinion filed September 11, 1978.\nJames J. Doherty, Public Defender, of Chicago (Geraldine V. Biggs and Frances G. Sowa, Assistant Public Defenders, of counsel), for appellant.\nBernard Carey, State\u2019s Attorney, of Chicago (Lee T. Hettinger, Iris E. Sholder, and Marva W. Cohen, Assistant State\u2019s Attorneys, of counsel), for the People."
  },
  "file_name": "0104-01",
  "first_page_order": 126,
  "last_page_order": 128
}