People v. Maxey

Illinois Appellate Court
Criminal Court
Jury
Citation
Case Number: 
2016 IL App (1st) 130698
Decision Date: 
Thursday, June 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and reversed in part.
Justice: 
McBRIDE

Defendant was convicted, after bench trial, of residential burglary and aggravated fleeing or attempting to elude a peace officer. No error in execution of Defendant's jury waiver; Defendant's written waiver and statement indicated that he understood what a jury trial was and his waiver of that right, and defense counsel had previously stated that case would likely be a bench trial. Defendant knowingly and voluntarily waived his right to jury trial. Evidence failed to establish essential element of aggravaed fleeing or attempting to elude a peace officer: that officers were in uniform. (HOWSE, concurring; ELLIS, concurring in part and dissenting in part.)