PEOPLE v. NUCCIO

No. 2-93-0344.

636 N.E.2d 1154 (1994)

263 Ill. App.3d 315

201 Ill.Dec. 722

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Gilbert R. NUCCIO, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 29, 1994.


Attorney(s) appearing for the Case

Joseph T. Bugos (on brief), Donahue, Sowa & Bugos, Lisle, for Gilbert R. Nuccio.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, Martin P. Moltz, State's Atty. Appellate Prosecutors (all on brief), Elgin, for the People.


Justice GEIGER delivered the opinion of the court:

The defendant, Gilbert R. Nuccio, appeals from a conviction of domestic battery (Ill. Rev.Stat.1991, ch. 38, par. 12-3.2(a)(1) (now 720 ILCS 5/12-3.2(a)(1) (West 1992))). He argues that he did not understandingly waive his right to a jury trial in open court and that his conviction is "against the manifest weight of the evidence." We reverse and remand.

The defendant was charged with domestic battery after...

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