People v. Spates

Appellate Court of Illinois

People v. Spates

270 N.E.2d 848, 132 Ill. App. 2d 902

CourtAppellate Court of Illinois

DecidedJune 14, 1971

Docket70-213

StatusPublished

Cited by4 cases

This text of 270 N.E.2d 848 (People v. Spates) 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. Spates, 270 N.E.2d 848, 132 Ill. App. 2d 902 (Ill. Ct. App. 1971).

Pincite

Opinion

Mr. JUSTICE SEIDENFELD

delivered the opinion of the court:

Defendant was convicted of Mob Action upon a negotiated plea of guilty and sentenced to a term of 1-5 years. He charges error in the acceptance of his written jury waiver without a showing on the record that he expressly and understandingly waived his constitutional right to a jury trial.

On this date we have filed an opinion in People v. Willie Gaston, Jr., 132 Ill.App.2d 579, involving a co-defendant similarly charged and convicted under an indictment arising from the same transaction. The factual situation and the issues are the same in each case. The opinion in Gaston is controlling here and we, therefore, adopt it as determinative of this case.

The defendant’s conviction is reversed and the cause remanded with directions to permit the defendant to withdraw his plea of guilty and plead anew.

Reversed and remanded with directions.

T. MORAN, P. J., and GUILD, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. JUSTICE SEIDENFELD

delivered the opinion of the court:

Defendant was convicted of Mob Action upon a negotiated plea of guilty and sentenced to a term of 1-5 years. He charges error in the acceptance of his written jury waiver without a showing on the record that he expressly and understandingly waived his constitutional right to a jury trial.

On this date we have filed an opinion in People v. Willie Gaston, Jr., 132 Ill.App.2d 579, involving a co-defendant similarly charged and convicted under an indictment arising from the same transaction. The factual situation and the issues are the same in each case. The opinion in Gaston is controlling here and we, therefore, adopt it as determinative of this case.

The defendant’s conviction is reversed and the cause remanded with directions to permit the defendant to withdraw his plea of guilty and plead anew.

Reversed and remanded with directions.

T. MORAN, P. J., and GUILD, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

270 N.E.2d 848, 132 Ill. App. 2d 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spates-illappct-1971.

Opinion

T. MORAN, P. J., and GUILD, J., concur.

Related

Cite This Page — Counsel Stack