Illinois Appellate Court
Criminal Court
Jury Trial
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.)