Defendant was convicted, after stipulated bench trial, of armed violence, unlawful possession of a controlled substance, and aggravated unlawful use of a weapon, and sentenced to 15 years. Court's failure to admonish him that he had the right to plead not guilty was irrelevant, because Defendant was, by proceeding to bench trial, pleading not guilty. No error in court not admonishing Defendant on his right to a jury trial, as he had executed a written waiver of his right to jury trial on the preceding day. Court adequately admonished him as to minimum penalty he faced during stipulated bench trial and on several prior occasions. Officers observed a handgun protruding from Defendant's back pants pocket, and their using handcuffs was reasonable and necessary to ensure officer safety and did not transform a valid Terry stop into an unlawful arrest. Thus, court properly denied Defendant's motion to suppress evidence gathered after officer handcuffed him.(LYTTON and HOLDRIDGE, concurring.)
Illinois Appellate Court
Criminal Court
Sentencing