Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LESTER SPATES, Defendant-Appellant.

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.

Use AI to get other relevant cases.

Comments

PEOPLE v. SPATES
(Jun 14, 1971)