People v. Johnson

Illinois Appellate Court
Criminal Court
Jury
Citation
Case Number: 
2019 IL App (1st) 162517
Decision Date: 
Tuesday, March 26, 2019
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Reversed and remanded.
Justice: 
PUCINSKI

Defendant was convicted, after bench trial, of armed violence, possession of heroin with intent to deliver, and unauthorized use or possession of a weapon by a felon. Although record contains Defendant's signed jury waiver, it does not show that Defendant understandingly waived his right to a jury trial, or that court admonished him of his right to a jury trial.Record contains no indication that he was informed he was entitled to choose between a jury or bench trial or that he waived his right to a jury trial on the record. Defendant's right to jury trial was violated. (LAVIN and HYMAN, concurring.)