People v. Tooles

The sole question presented for our consideration is whether a judgment of conviction must be reversed and the cause remanded for a new trial where a trial court fails to secure a defendant’s written jury waiver in violation of section 115 — 1 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115 — 1 (West 1992)). The appellate court, in each of the three cases allowed and consolidated for our review (Tooles, 278 Ill. App. 3d 756; Farmer, No. 3 — 94 — 0163 (unpublished order under Supreme Court Rule 23); Gray, No. 3 — 94 — 0299 (unpublished order under Supreme Court Rule 23)), held that…