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PEOPLE v. SMITH

Nos. 59851, 59911.

106 Ill.2d 327 (1985)

478 N.E.2d 357

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN K. SMITH, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. GREEN FLOWERS, Appellant.

Supreme Court of Illinois.

Rehearing denied May 31, 1985.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Gary L. Peterlin, State's Attorney, of Ottawa (Jill Wine-Banks, Solicitor General, and Michael B. Weinstein, Mark L. Rotert and Kenneth A. Fedinets, Assistant Attorneys General, of Chicago, and John X. Breslin and Kenneth A. Wilhelm, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Jean Herigodt and Verlin R.F. Meinz, Assistant Defenders, of the Office of the State Appellate Defender, of Ottawa, for appellee.

James J. Doherty, Public Defender, of Chicago (Karen S. Szpajer, Assistant Public Defender, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Mark L. Rotert, Assistant Attorney General, of Chicago, and Michael E. Shabat, Joan S. Cherry, and Timothy J. Joyce, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed; cause remanded. Judgments reversed; cause remanded.

JUSTICE MILLER delivered the opinion of the court:

The issue common to these consolidated appeals is whether the record in each case evinces a valid waiver by the defendant of his right to a jury trial. Following a bench trial in the circuit court of La Salle County, the defendant in cause No. 59851, John K. Smith, was convicted of reckless conduct and sentenced to nine months' imprisonment...

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