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PEOPLE v. TOOLES

Nos. 80995, 80997 and 81002.

687 N.E.2d 48 (1997)

177 Ill.2d 462

227 Ill.Dec. 125

The PEOPLE of the State of Illinois, Appellant, v. Tyreese TOOLES, Appellee. The PEOPLE of the State of Illinois, Appellant, v. William FARMER, Appellee. The PEOPLE of the State of Illinois, Appellant, v. Demarco GRAY, Appellee.

Supreme Court of Illinois.

October 17, 1997.

Attorney(s) appearing for the Case

State's Attorneys App. Pros. Ottawa, Ottawa, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney Kankakee County, Kankakee, Rita Kennedy Martel, State's Attorneys Appellate Prosecutor, Ottawa, for the People in No. 80995.

State Appellate Defender, Thomas A. Karalis, Ottawa, for Tyreese Tooles in No. 80995.

State's Attorneys App. Pros. Ottawa, Ottawa, Jim Ryan, Attorney General, Criminal Appeals Div., Chicago, State's Attorney Kankakee County, Kankakee, Robert M. Hansen, Staff Atty. State's Attys. Appellate Prosecutor, Ottawa, for the People in Nos. 80997 and 81002.

State Appellate Defender Ottawa, Ottawa, for William Farmer in No. 80997.

State Appellate Defender Ottawa, Ottawa, for Demarco Gray in No. 81002.

Justice HEIPLE delivered the opinion of the court:

The sole question presented for our consideration is whether a judgment of conviction must be reversed and the cause remanded for a new trial where a trial court fails to secure a defendant's written jury waiver in violation of section 115-1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-1 (West 1992)). The appellate court, in each of the three cases allowed and consolidated for our review (People v...

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