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PEOPLE v. SPATES

No. 70-213.

132 Ill. App.2d 902 (1971)

270 N.E.2d 848

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LESTER SPATES, Defendant-Appellant.

Appellate Court of Illinois — Second District.

June 14, 1971.

Attorney(s) appearing for the Case

Morton Zwick and E. Roger Horsky, both of Defender Project, of Chicago, for appellant.

Philip G. Reinhard, State's Attorney, of Rockford, (K. Craig Peterson, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was convicted of Mob Action upon a negotiated plea of guilty and sentenced to a term of 1-5 years. He charges error in the acceptance of his written jury waiver without a showing on the record that he expressly and understandingly waived his constitutional right to a jury trial.

On this date we have filed an opinion in People v. Willie Gaston, Jr., 132...

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