Cases Dealing With Incorrect Dispositional Orders
In In re W.C., 167 Ill. 2d 307, 327, 657 N.E.2d 908, 212 Ill. Dec. 563 (1995) the dispositional order committing the respondent, based on a finding of delinquency, identified two first degree murders as the basis for the finding, where only one individual had been killed. In re W.C., 167 Ill. 2d at 341.
The supreme court concluded that there was no question the dispositional order was incorrect because the trial court expressly stated the two counts had merged for one finding of delinquency. In re W.C., 167 Ill. 2d at 342.
Accordingly, the In re W.C. court found that the dispositional order must be modified to reflect that the respondent was committed to prison based on a single offense of first degree murder. In re W.C., 167 Ill. 2d at 343. See also In re J.C., 260 Ill. App. 3d 872, 885, 632 N.E.2d 127, 198 Ill. Dec. 68 (1994) (where the dispositional order improperly reflected that the respondent was found to be delinquent on two counts of murder, even though there was only one victim, the order had to be amended to reflect only one count).