People v. Hernandez 

Illinois Appellate Court
Criminal Court
Waiver
Citation
Case Number: 
No. 2-09-0674
Decision Date: 
Monday, April 18, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
SCHOSTOK
Defendant was convicted of two counts of obstructing a peace officer. The written jury waiver executed when Defendant was facing only domestic battery charges did not cover the later-added charges. Defendant's silence as his bench trial commenced cannot be construed as a waiver by acquiescence of his right to a jury trial on obstructions charges. (BOWMAN and BIRKETT, concurring.)