People v. Ruiz

delivered, the opinion of the court:

Following a bench trial, defendant Jose Ruiz was convicted of burglary and sentenced as a Class X offender to 11 years’ imprisonment. On appeal, defendant asserts that the record does not establish a valid jury waiver. Defendant also contends that the compulsory extraction and perpetual storage of his DNA pursuant to section 5 — 4—3 of the Unified Code of Corrections (Code) (730 ILCS 5/5— 4 — 3 (West 2004)) violates his constitutional right to be free from unreasonable searches and seizures. We reverse and remand for a new trial.

The record contains…