Legal Opinion

People v. Smith

Appellate Court of Illinois

Decided February 2, 1984No. 3—83—0324PublishedCited by 2 opinions

1Opinion of the CourtJustice Alloy

John K. Smith appeals from his conviction for reckless conduct (Ill. Rev. Stat. 1981, ch. 38, par. 12 — 5(a)), following a bench trial in the circuit court of La Salle County. We reverse the conviction and remand for a new trial, based upon the failure of the record to indicate that the defendant knowingly and understandingly waived his right to a jury.

The record indicates that the defendant was charged by information on December 3, 1982, and his attorney entered an appearance on December 7, 1982. A notice to appear for bench trial was mailed to the defendant and his counsel in December 1982.…

2Cases cited15 opinions

  1. The People v. SailorIllinois Supreme Court · 1969
  2. The People v. ClarkIllinois Supreme Court · 1964
  3. The People v. WesleyIllinois Supreme Court · 1964
  4. People Ex Rel. Swanson v. FisherIllinois Supreme Court · 1930
  5. The PEOPLE v. SurgeonIllinois Supreme Court · 1958

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3Cited by2 opinions

  1. People v. SmithIllinois Supreme Court · 1985
  2. People v. SmithIllinois Supreme Court · 1985

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