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defendantattorneyappealtrialmotioncompliancecriminal procedurebench trialjury trial
defendantstatutetrialcompliancecriminal procedurebench trialjury trial

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People v. Ceaser, 17 Ill.App.3d 650, 307 N.E.2d 753

Facts

Defendant was convicted in a bench trial for burglary and theft under $150 and sentenced to 1 to 3 years in the penitentiary. He moved for summary reversal, claiming there was no indication in the record that he was advised of or waived his right to a jury trial. The State's attorney did not respond to the motion, and the defendant was represented by counsel during a two-day trial.

Defendant was convicted in a bench trial for burglary and theft under $150. He was sentenced to 1 to 3 years in the penitentiary. He now moves for summary reversal on the basis that there is absolutely no indication in the record that he was advised of or waived his right to a jury trial.

Issue

Did the defendant effectively waive his right to a jury trial, given the absence of any indication in the record that he was advised of or waived this right?

Did the defendant effectively waive his right to a jury trial, given the absence of any indication in the record that he was advised of or waived this right?

Rule

Section 103-6 of the Code of Criminal Procedure states that 'Every person accused of an offense shall have the right to a trial by jury unless understandingly waived by defendant in open court.'

Section 103-6 of the Code of Criminal Procedure (Ill.Rev.Stat.1967, ch. 38, par. 103-6) provides: ‘Every person accused of an offense shall have the right to a trial by jury unless understandingly waived by defendant in open court.’

Analysis

The court determined that the mere presence of a two-day trial without a jury does not satisfy the requirement for an effective waiver of the right to a jury trial. The court emphasized that a silent record does not demonstrate affirmative compliance with the statutory requirement, and thus, more than commonsense inferences are needed to establish that the defendant knowingly waived his right.

For us to say that the defendant here ‘understandably waived’ a jury trial we must have something more than the face of a three day trial without a jury. A silent record does not show an affirmative compliance with the statute and this is required.

Conclusion

The Appellate Court reversed the conviction and remanded the case for a new trial, concluding that the record did not show an effective waiver of the defendant's right to a jury trial.

Accordingly, the judgment is reversed and the cause remanded for new trial.

Who won?

Defendant prevailed in the appeal because the court found that the record did not demonstrate that he was advised of or waived his right to a jury trial, which is a statutory requirement.

The Appellate Court, Smith, P.J., held that reversal was required where record did not show that defendant was advised of or waived right to jury trial.

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