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PEOPLE v. CHITWOOD

No. 49042.

67 Ill.2d 443 (1977)

367 N.E.2d 1331

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CARMON R. CHITWOOD, Appellee.

Supreme Court of Illinois.

Opinion filed September 20, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Terry Crisel and Philip C. Quindry, State's Attorneys, of Albion (John Prusik and James B. Zagel, Assistant Attorneys General, of Chicago, and Bruce D. Irish and Richard Faught, of the Illinois State's Attorneys Association Statewide Appellate Assistance Service, of Mt. Vernon, of counsel), for the People.

Michael J. Rosborough, Deputy Defender, and Daniel M. Kirwan, Assistant Defender, of the Office of State Appellate Defender, of Mt. Vernon, for appellee.

Appellate court reversed: circuit court affirmed.

MR. JUSTICE DOOLEY delivered the opinion of the court:

Here we consider whether under the circumstances of this case the trial court record may be amended under Rule 329 of this court (58 Ill.2d R. 329) to show a waiver of the right to trial by jury.

Defendant, Carmon R. Chitwood, was convicted in a bench trial on a charge of reckless driving (Ill. Rev. Stat. 1975, ch. 95 1/2, par. 11-503), and was...

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