Consequences of Dismissal of the Charge Which Triggered Prosecution of a Minor As An Adult
In People v. Brazee, 316 Ill. App. 3d 1230, 738 N.E.2d 646, 250 Ill. Dec. 430 (2000) the court held that the defendant should have been sentenced as a delinquent minor because the charge that triggered his criminal prosecution as an adult was dismissed and the State did not request a hearing pursuant to section 5-4(6)(c)(ii) (705 ILCS 405/5-4(6)(c)(ii) (West 1996) (repealed by Pub. Act. 90-590, eff. January 1, 1999) (now codified, as amended, at 705 ILCS 405/5-130(1)(c)(ii) (West 2002))). Brazee, 316 Ill. App. 3d at 1235. As such, the court vacated the judgment and remanded the cause with directions that the circuit court sentence the defendant to time served under the Act. Brazee, 316 Ill. App. 3d at 1237.
On remand, the circuit court sentenced the defendant accordingly, but ruled that the defendant stood convicted of a criminal offense even though he was sentenced as a delinquent minor under the Act.