People v. Campbell

Defendant was convicted of criminal sexual assault after stipulated bench trial and sentenced to 15 years. Defendant's guilty plea included jury waiver, and when his plea was withdrawn, his jury waiver was also withdrawn. A jury waiver is "expended" when the waiver was part of a plea that was subsequently withdrawn. Court's admonishments were insufficient as they did not inform Defendant that he had a right to a jury trial and that be agreeing to stipulated bench trial, he was waiving his right to jury trial, and he was not informed of his reinstated jury trial rights prior to stipulated bench trial as required. Given insufficient admonishments, Defendant's jury waiver was not understandingly and knowingly made.(McDADE and CARTER, concurring.)