Despite Evidence of Multiple Offences of Delinquency Dispositional Order Does Not Refer to Any of the Charges
In In re N.S., 326 Ill. App. 3d 1094, 762 N.E.2d 1143, 261 Ill. Dec. 216 (2002) the respondent minor was charged with committing two counts of attempted aggravated battery, one based on the fact the offense was committed on public property and the other based on the fact she intended to do great bodily harm. In re N.S., 326 Ill. App. 3d at 1095.
The trial court concluded that the State had proven both counts and entered a dispositional order, but did not specifically refer to any offense the respondent was found to have committed. In re N.S., 326 Ill. App. 3d at 1095-96.
On appeal, the respondent contended that the record must be modified to reflect the fact she was found to have been convicted of only one count because both counts were based on the same conduct. In re N.S., 326 Ill. App. 3d at 1095.
The In re N.S. court rejected the respondent's argument, finding that: "irrespective of the fact that the State provided evidence from which the trial court could find proved the allegations of multiple offenses, there is but a single adjudication of delinquency and no resultant prejudice to the minor." In re N.S., 326 Ill. App. 3d at 1096.
The court further stated that "there is only one dispositional order that does not subject the minor to a greater punishment by reason of a finding of multiple offenses." In re N.S., 326 Ill. App. 3d at 1096.
Ultimately, the In re N.S. court concluded:
"Here, even though the trial court found in the adjudicatory order that multiple allegations of delinquency had been proved by the State, the dispositional order does not refer to any of the charges and avoids the technical error that occurred in W.C.
The dispositional order in this case does not state that it was imposed on multiple offenses that arose from the same conduct. No modification or correction is needed." In re N.S., 326 Ill. App. 3d at 1096.