People v. McIntyre

Defendant was found guilty of resisting a police officer and appealed arguing the waiver was invalid because the trial court erroneously admonished him that the waiver was irrevocable. The appellate court affirmed, finding that while the trial court’s admonition was misleading, it did not affect the validity of the defendant’s jury waiver because defendant was not prejudiced by the waiver. The appellate court noted the admonishment could have impacted defendant’s post-waiver decision-making, but found that it was subject to plain error review and the alleged error was not of the same character or quality as errors that have been deemed structural.  (HUDSON and BIRKETT, concurring)