Whitmore v. State

The defendant acknowledges his waiver of jury trial, but he contends that the relative advantages and disadvantages of a jury trial were not explained to him before he executed the waiver and acknowledged it in open court.

The record shows that, before accepting the waiver, the circuit judge questioned the defendant and ascertained that the waiver was voluntary and was not the result of any threats or promises made to him. At the hearing on the defendant’s postconviction motion, he testified that he waived the jury voluntarily on the ad vice of his attorney. The record shows that Whitmore had…