People v. Foster

Defendant was found guilty after a bench trial of attempted first-degree murder, three counts of armed robbery, three counts of armed violence, aggravated battery, aggravated domestic battery, and unlawful use or possession of a weapon by a felon. He was sentenced to an aggregate of 80 years of imprisonment. Defendant appealed, arguing his jury waiver was not knowing, voluntary, and intelligent under a plain-error analysis. The appellate court affirmed, finding that defendant failed to establish that his waiver was invalid because he did not object when his counsel informed the court that he wished to waive a jury and defendant acknowledged signing a written waiver. The appellate court also affirmed defendant’s battery conviction and held that his sentence was not excessive, finding his argument that the sentence was excessive because it was his first “significant offense” was meritless. (BRIDGES and HUTCHINSON, concurring)