People v. Gatlin

Illinois Appellate Court
Criminal Court
Jury Trial
Citation
Case Number: 
2017 IL App (1st) 143644
Decision Date: 
Thursday, June 8, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed in part and reversed and remanded in part.
Justice: 
BURKE

Defendant was convicted, after bench trial, of aggravated battery in two separate, but related cases. In one of Defendant's cases there was a valid jury waiver, and in the other there was no discussion with Defendant about his right to a jury trial except a brief statement by court during arraignment.  Defendant's right to jury trial was violated, and is a plain error; thus, conviction in that case reversed, and remanded for new trial. (ELLIS and McBRIDE, concurring.)