Illinois Appellate Court
Civil Court
Juvenile Sentencing
Ten-year old boy was found guilty of two counts of aggravated battery against his bus monitor, and was adjudicated a delinquent minor and placed in custody of DCFS and sentenced to probation until age 21. Minor was not denied right to counsel because his court-appointed attorney also acted as his GAL, as such representation is not a per se conflict nor actual conflict. Order of adjudication should be amended to reflect one count per one-act, one-crime rule, as State alleged two legal theories based on a closely related series of acts occurring on the same day, and State did not differentiate between the blows the minor inflicted on the bus monitor in the charging instrument. Aggravated battery here was not a forcible felony; language in forcible felony statute demonstrates that legislature intended to exclude battery which did not result in great bodily harm or permanent disability or disfigurement. Thus, minor's sentence is void because it exceeded court's authority to sentence up to 5 years probation per Section 5-715 of Juvenile Court Act. (TURNER and POPE, concurring.)