People v. Harpole

PRESIDING JUSTICE JONES,

dissenting:

I respectfully dissent.

The decision of the majority is contrary to the plain wording of Supreme Court Rule 401(b) (87 Ill. 2d R. 401(b)) and three decisions of the appellate court that apply that rule: People v. Lyons (1974), 19 Ill. App. 3d 294, 311 N.E.2d 370; People v. McCarty (1981), 101 Ill. App. 3d 355, 427 N.E.2d 1382, modified (1983), 94 Ill. 2d 28, 445 N.E.2d 298; People v. Nikonowicz (1984), 127 Ill. App. 3d 738, 469 N.E.2d 625.

The majority concluded that Rule 401(b) does not require a verbatim report of waiver of counsel proceedings by relying…