People v. Trester

On August 18, 1980, following a bench trial in the circuit court of Sangamon County, defendant, Douglas A. Trester, was convicted of disorderly conduct (Ill. Rev. Stat. 1979, ch. 38, par. 26 — 1(a)(1)) and sentenced to 7 days’ imprisonment. On appeal he maintains his conviction should be reversed because his actions did not “provoke” a breach of the peace. Alternatively, he requests a new trial claiming his waiver of jury trial to have been ineffective or a new sentencing because of the failure of the court to hold a sentencing hearing. Our conclusion that the evidence was not sufficient to…