People v. Sifers

Mr. JUSTICE GEORGE J. MORAN,

dissenting:

The majority opinion states that the issue of whether the defendant knowingly waived his right to indictment and counsel as required by Supreme Court Rule 401(a) and Rule 401(b) is without merit, and in any event defendant’s failure to argue the point constitutes waiver of any error.

I disagree with both statements. With reference to whether defendant argues the issue, the following language appears on page 3 of appellant’s brief:

"THE DEFENDANT DID NOT KNOWINGLY AND UNDERSTANDINGLY WAIVE HIS RIGHTS TO COUNSEL, INDICTMENT AND TRIAL WHERE THE RECORD REVEALS…