In re M.G.

Illinois Appellate Court
Criminal Court
Juvenile Delinquency and Protection Act
Citation
Case Number: 
2022 IL App (4th) 210679
Decision Date: 
Monday, April 18, 2022
District: 
4th Dist.
Division/County: 
Adams Co.
Holding: 
Affirmed.
Justice: 
STEIGMANN

Respondent was adjudicated a delinquent minor and sentenced to conditional discharge. Respondent appealed arguing the trial court committed plain error when it failed to appoint a guardian ad litem sua sponte, that trial counsel provided ineffective assistance for failing to move for appointment of a guardian ad litem and for failing to move to suppress evidence, and that the State did not present sufficient evidence to prove intent to deliver. The appellate court affirmed, finding that while a GAL should have been appointed the trial court’s failure to appoint one sua sponte was not arbitrary, fanciful, or unreasonable and did not constitute error where there is no statutory requirement that a guardian ad litem be appointed. The appellate court further found a motion to suppress would not have had merit and that the evidence was sufficient. (DEARMOND, concurring and KNECHT, dissenting)