People v. Bracey

The single issue presented in this appeal is whether defendant’s fundamental right to a jury trial was violated when the circuit court, relying on a jury waiver executed by defendant in conjunction with his first trial, retried defendant on a charge of aggravated battery in a bench trial without first ascertaining whether, for his new trial, defendant knowingly and voluntarily waived his right to a jury trial. For reasons that follow, we reverse defendant’s conviction for aggravated battery and remand for a new trial.

BACKGROUND

On November 30, 2000, defendant, Ernest Bracey, while an inmate at…