People v. Bracey

Docket No. 97664–Agenda 17–September 2004.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ERNEST BRACEY, Appellant.

Opinion filed December 2, 2004.

The single issue presented in this appeal is whether defendant’s fundamental right to a jury trial was violated when the circuit court, relying on a jury waiver executed by defendant in conjunction with his first trial, retried defendant on a charge of aggravated battery in a bench trial without first ascertaining whether, for his new trial, defendant knowingly and voluntarily waived his right to a jury trial. For reasons that follow, we reverse…