People v. Fletcher

Illinois Appellate Court
Criminal Court
Jury Trial
Citation
Case Number: 
2017 IL App (3d) 140530
Decision Date: 
Thursday, April 13, 2017
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Vacated and remanded.
Justice: 
SCHMIDT

Defendant was convicted, after bench trial, of armed robbery. Statement of defense counse, at Defendant's sentencing hearing in a separate case, "It is also bench, Judge. We waived." is insufficient to show Defendant had understanding of jury waiver. No transcript or docket entries reflect that Defendant waived jury trial. Remanded for new trial. Evidence was sufficient to convict Defendant of armed robbery; thus, no double jeopardy bar to retrial. (McDADE, concurring; WRIGHT, dissenting.)