People v. Frazier

PRESIDING JUSTICE RIZZI

delivered the opinion of the court:

Defendant, George Frazier, was found guilty of theft (Ill. Rev. Stat. 1983, ch. 38, par. 16—1(a)(1)), and he was sentenced to seven years in the Illinois Department of Corrections under the extended-term provision of section 5—8—2(a)(5) of the Unified Code of Corrections (Ill. Rev. Stat. 1983, ch. 38, par. 1005—8—2(a)(5)). We reverse and remand.

Although defendant had filed a jury demand, at the time the case was called for trial he chose to waive a jury and he requested a bench trial. The trial judge denied defendant’s request, stating: