In re: Gennell C.
968 N.E.2d 1258
Ill. App. Ct.2012Background
- Respondent admitted theft over $300 under a plea; residential burglary was dismissed.
- Trial court adjudicated respondent delinquent and committed her to DOJJ for an indeterminate term up to five years or until age 21.
- Court’s disposition was based on 2010-2011 proceedings following an August 2010 incident.
- Respondent filed a November 2010 motion to reconsider seeking a community-based sentence.
- December 2010 hearing denied the motion to reconsider and left respondent under DOJJ; respondent appealed from dispositional order and denial of reconsideration.
- Record shows respondent did not move under 5-745(3) for a change in custody, only for reconsideration of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of motion to reconsider was proper | Gennell | Gennell | affirmed; no error in denying reconsideration |
| Whether motion to reconsider implicitly sought a change in custody | State | Respondent sought reconsideration only of sentencing | no implicit request under 5-745(3); trial court not required to alter custody |
| Applicable standard of review for reconsideration ruling | State | Abuse of discretion applies to disposition/reconsideration | abuse of discretion standard/ de novo for legal questions when applicable |
Key Cases Cited
- In re Justin L.V., 377 Ill. App. 3d 1073 (2007) (discusses 5-745(3) and change in custody context; guardianship restoration)
- In re Jermaine J., 336 Ill. App. 3d 900 (2003) (motion to reconsider not a new commitment hearing; standard for reconsideration)
- In re Seth S., 396 Ill. App. 3d 260 (2009) (abuse-of-discretion standard for disposition decisions)
- In re A.W., 397 Ill. App. 3d 868 (2010) (aborig implies discretion in custody decisions; evaluation of custodial change)
- In re Samantha V., 234 Ill. 2d 359 (2009) (standard de novo for legal questions; review of juvenile proceedings)