People v. Stolfo

Mr. PRESIDING JUSTICE DOWNING

delivered the opinion of the court:

Following a bench trial, defendant, Albert E. Stolfo, was convicted of public indecency (Ill. Rev. Stat. 1973, ch. 38, par. 11 — 9(a)(3)) and sentenced to 90 days in the House of Correction. On appeal, he contends (1) his jury waiver was not knowingly and voluntarily made; (2) he was not proved guilty beyond a reasonable doubt; and (3) the sentence imposed was constitutionally impermissible.

The record shows defendant was also charged with a violation of the Chicago Municipal Code (ch. 192 — 7). However, the trial court made no…