People v. Ceaser

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

Defendant was convicted in a bench trial for burglary and theft under $150. He was sentenced to 1 to 3 years in the penitentiary. He now moves for summary reversal on the basis that there is absolutely no indication in the record that he was advised of or waived his right to a jury trial. In the brief attached to the motion he cites Boykin v. Alabama, 395 U.S. 238, 23 L.Ed.2d 274, 89 S.Ct. 1709, and Duncan v. Louisiana, 391 U.S. 145, 20 L.Ed.2d 491, 88 S.Ct. 1444. The State’s Attorney had deigned not to respond to the motion though…