In re Marvin M.

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0746 Rel

Case Date: 06/13/2008

Preview:No. 2--06--0746 Filed: 6-13-08 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ In re MARVIN M., a Minor ) Appeal from the Circuit Court ) of Lake County. ) ) No. 06--JD--10 ) ) Honorable (The People of the State of Illinois, ) Raymond D. Collins and Petitioner-Appellee, v. Marvin M., ) George Bridges, Respondent-Appellant). ) Judges, Presiding. ______________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: In an extended jurisdiction juvenile (705 ILCS 405/5--810 (West 2006)) jury trial, respondent, Marvin M., was found guilty of the crimes of aggravated battery with a firearm (720 ILCS 5/12--4.2(a)(1) (West 2006)) and aggravated discharge of a firearm (720 ILCS 5/24--1.2(a)(2) (West 2006)). Respondent was also found guilty of attempted first degree murder, but that conviction was vacated by the trial court at sentencing. Respondent was committed to the Department of Corrections and was given consecutive adult sentences of 20 years for aggravated battery with a firearm and 4 years for aggravated discharge of a firearm, to be served if he did not strictly comply with the terms of his juvenile adjudication. On appeal, respondent contends that the trial court erred by denying his motion to suppress his statements to police, arguing that, under the totality of the circumstances, his statements were not made voluntarily. We hold that respondent's statements were voluntary and affirm.

No. 2--06--0746 We summarize the pertinent procedural events and provide an overview of the evidence, insofar as it aids the understanding of respondent's contention on appeal. On December 26, 2005, the victim, 13-year-old Oscar Mendez, was shot repeatedly near the Waukegan, Illinois, home of his girlfriend. On January 6, 2006, the State filed a petition seeking to adjudicate respondent delinquent based on charges of attempted murder, aggravated battery with a firearm, and aggravated discharge of a firearm, all stemming from the Mendez shooting. The petition erroneously listed respondent's age as 15; actually, about three weeks before the shooting of Mendez, respondent had turned 14. In February 2006, the State filed a petition requesting leave to designate the proceedings as an extended jurisdiction juvenile prosecution (705 ILCS 405/5

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