People v. Gaston

Mr. PRESIDING JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Upon a negotiated plea of guilty, defendant was sentenced to a term of 1-5 years and appeals on the sole contention that he did not expressly and understandingly waive his right to a trial by jury.

In a two count indictment, defendant was charged with robbery and mob action. At the time, he was on probation for having committed a felony. On arraignment, he entered a plea of not guilty and thereafter, he, his counsel and the State, entered into plea bargaining. On August 3, 1970, in open court, he withdrew his plea of not…