People v. Warnock

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (2d) 120057
Decision Date: 
March 20, 2013
District: 
2d Dist.
Division/County: 
McHenry Co.
Justice: 
HUDSON
Holding: 
Reversed and remanded.
Record contains no explicit reference to waiving a jury trial or to conducting a bench trial. Court set case for jury trial, and two months later parties proceeded to a bench trial, with no reference to Defendant having waived a jury trial. Record shows no occasion on which Defendant was present in open court when jury waiver was discussed. Thus, Defendant did not validly waive his right to a jury trial. (ZENOFF and SCHOSTOK, concurring.)