People v. Chitwood

Here we consider whether under the circumstances of this case the trial court record may be amended under Rule 329 of this court (58 Ill. 2d R. 329) to show a waiver of the right to trial by jury.

Defendant, Garmon R. Chitwood, was convicted in a bench trial on a charge of reckless driving (Ill. Rev. Stat. 1975, ch. 951/2, par. 11—503), and was sentenced to six months’ periodic imprisonment. On appeal the Appellate Court for the Fifth District, one judge dissenting, reversed and remanded because the record on appeal did not show that defendant had waived his right to jury trial. 42 Ill. App.…