People v. Frey

Following a bench trial in the circuit court of Peoria County defendant, Brian J. Frey, was convicted of driving while under the influence of intoxicating liquor (Ill. Rev. Stat. 1981, ch. 95V2, par. 11 — 501) and sentenced to one year’s probation conditioned upon periodic imprisonment at the Peoria County Work Release Center. A divided appellate court ordered a new trial on the ground that defendant did not knowingly waive his right to a trial by jury. (117 Ill. App. 3d 582.) We allowed the State’s petition for leave to appeal (87 Ill. 2d R. 315(a)).

Defendant was originally indicted on two…