People v. Guja

Illinois Appellate Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
2016 IL App (1st) 140046
Decision Date: 
Friday, March 18, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed as modified.
Justice: 
REYES

Defendant was convicted, after bench trial, of domestic battery and unlawful restraint of his then-girlfriend, but was acquitted of several other offenses; and was sentenced to 2 concurrent 2-year terms in DOC. No ineffective assistance of counsel for failing to include affirmative defenses of necessity and self-defense in his answer to discovery.  Defendant was not prejudiced at trial as a result of the claimed error, as record does not contain even "some evidence" which satisfies requirements of necessity and self-defense. Court did not abuse its discretion in denying Defendant's motion to amend answer as a sanction for discovery violation, as Defendant failed to show he was prejudiced.(GORDON and LAMPKIN, concurring.)