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PEOPLE v. SMITH

No. 3-83-0324.

121 Ill. App.3d 542 (1984)

459 N.E.2d 1171

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN K. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed February 2, 1984.

Attorney(s) appearing for the Case

Robert Agostinelli and Jean Herigodt, both of State Appellate Defender's Office, of Ottawa, for appellant.

Gary L. Peterlin, State's Attorney, of Ottawa (John X. Breslin and Kenneth A. Wilhelm, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

JUSTICE ALLOY delivered the opinion of the court:

John K. Smith appeals from his conviction for reckless conduct (Ill. Rev. Stat. 1981, ch. 38, par. 12-5(a)), following a bench trial in the circuit court of La Salle County. We reverse the conviction and remand for a new trial, based upon the failure of the record to indicate that the defendant knowingly and understandingly waived his right to a jury.

The record indicates that...

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