People v. Stokes

This case concerns the trial judge’s obligation to ensure that a defendant’s jury waiver in a criminal case comports with constitutional and statutory requirements.

After simultaneous bench trials, defendant Tyrone Stokes and co-defendant James Elmore were convicted of residential burglary and home invasion (720 ILCS 5/19 — 3, 5/12 — 11(a)(2) (West 1992)). Each was sentenced to a prison term of seven years. On appeal, Stokes contends that his jury waiver was invalid, that the trial court inadequately investigated his post-trial allegation of ineffective assistance of counsel, and that his…