People v. Garner

On December 4, 1969 the defendant waived indictment and pleaded guilty to two counts of an information charging him with forgery in violation of Chapter 38, Par. 17—3(a)(1) and (a)(2) of the Illinois Revised Statutes, 1969. He was then sentenced to a minimum of two years and a maximum of ten years in the penitentiary.

Nowhere in the proceedings before the trial court in this case did the trial judge advise him of his right to a jury trial.

On June 2, 1969, the United States Supreme Court in Edward Boykin, Jr. v. State of Alabama, 395 U.S. 238, 23 L.E.2d 274, 89 S.Ct. 1709, held that reversible…