People v. Stralka

State: Illinois

Docket No: 102962 Rel

Case Date: 10/18/2007

Preview:Docket No. 102962.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. DEVINE, Petitioner, v. THE HONORABLE PAUL STRALKA, Respondent. Opinion filed October 18, 2007.

CHIEF JUSTICE THOMAS delivered the judgment of the court, with opinion. Justices Kilbride, Garman, and Karmeier concurred in the judgment and opinion. Justice Burke specially concurred, with opinion, joined by Justices Freeman and Fitzgerald.

OPINION The question presented in this case is whether the circuit court exceeded its lawful authority when it vacated a juvenile delinquency finding over 11 months after the date the minor pled guilty and was sentenced for the offense. We must also consider whether mandamus relief would now be appropriate to compel the court to reinstate the delinquency finding.

The State filed a petition for adjudication of wardship pursuant to section 5

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