People v. Potts

Appellate Court of Illinois

People v. Potts

660 N.E.2d 560, 214 Ill. Dec. 115, 277 Ill. App. 3d 567, 1996 Ill. App. LEXIS 11

CourtAppellate Court of Illinois

DecidedJanuary 12, 1996

Docket3-94-0781

StatusPublished

Cited by8 cases

This text of 660 N.E.2d 560 (People v. Potts) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Potts, 660 N.E.2d 560, 214 Ill. Dec. 115, 277 Ill. App. 3d 567, 1996 Ill. App. LEXIS 11 (Ill. Ct. App. 1996).

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JUSTICE SLATER

delivered the opinion of the court:

The trial court found defendant Derrick Potts guilty of possession of explosive or incendiary devices (720 ILCS 5/20 — 2 (West 1994)) and sentenced him to a six-year term of imprisonment. On appeal, defendant argues that his conviction must be reversed and the cause remanded because he did not make a written waiver of jury trial. The State responds that defendant waived this issue, a written jury waiver was not required, the statute requiring written waivers is unconstitutional, and any error was harmless.

The right to a jury trial is a substantial right, the waiver of which this court will consider even when the issue is not properly preserved for appeal. (People v. Jennings (1994), 268 Ill. App. 3d 439, 644 N.E.2d 1199; see also People v. Daniels (1995), 273 Ill. App. 3d 645, 653 N.E.2d 408.) Section 115 — 1 of the Code of Criminal Procedure of 1963 provides that all criminal trials shall be tried before a jury unless the defendant waives a jury trial in writing. (725 ILCS 5/115 — 1 (West 1994).) The statute is mandatory. (People v. Nuccio (1994), 263 Ill. App. 3d 315, 636 N.E.2d 1154.) The statute insures that a defendant’s personal right to waive a jury trial is not lightly relinquished, and it is not unconstitutional. (Jennings, 268 Ill. App. 3d 439, 644 N.E.2d 1199.) For these reasons, we reject the State’s arguments. We reverse defendant’s conviction, and we remand the cause for a new trial.

Reversed and remanded.

LYTTON, J., concurs.

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JUSTICE SLATER

delivered the opinion of the court:

The trial court found defendant Derrick Potts guilty of possession of explosive or incendiary devices (720 ILCS 5/20 — 2 (West 1994)) and sentenced him to a six-year term of imprisonment. On appeal, defendant argues that his conviction must be reversed and the cause remanded because he did not make a written waiver of jury trial. The State responds that defendant waived this issue, a written jury waiver was not required, the statute requiring written waivers is unconstitutional, and any error was harmless.

The right to a jury trial is a substantial right, the waiver of which this court will consider even when the issue is not properly preserved for appeal. (People v. Jennings (1994), 268 Ill. App. 3d 439, 644 N.E.2d 1199; see also People v. Daniels (1995), 273 Ill. App. 3d 645, 653 N.E.2d 408.) Section 115 — 1 of the Code of Criminal Procedure of 1963 provides that all criminal trials shall be tried before a jury unless the defendant waives a jury trial in writing. (725 ILCS 5/115 — 1 (West 1994).) The statute is mandatory. (People v. Nuccio (1994), 263 Ill. App. 3d 315, 636 N.E.2d 1154.) The statute insures that a defendant’s personal right to waive a jury trial is not lightly relinquished, and it is not unconstitutional. (Jennings, 268 Ill. App. 3d 439, 644 N.E.2d 1199.) For these reasons, we reject the State’s arguments. We reverse defendant’s conviction, and we remand the cause for a new trial.

Reversed and remanded.

LYTTON, J., concurs.

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660 N.E.2d 560, 214 Ill. Dec. 115, 277 Ill. App. 3d 567, 1996 Ill. App. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-potts-illappct-1996.

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