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City of Chicago v. Purvey

MARCH 9, 1971.

THE CITY OF CHICAGO, PLAINTIFF-APPELLEE,

v.

OSCAR PURVEY, DEFENDANT-APPELLANT — (THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

OSCAR PURVEY, DEFENDANT-APPELLANT.)



APPEAL from the Circuit Court of Cook County; the Hon. LOUIS GARIPPO, Judge, presiding.

MR. JUSTICE STAMOS DELIVERED THE OPINION OF THE COURT:

Rehearing denied April 5, 1971.

After a bench trial, defendant was convicted of the offenses of failure to register a firearm (Municipal Code of the City of Chicago, ch. 11 11 par. 1-7) and unlawful use of a weapon (Ill. Rev. Stat. 1967 ch. 38 par. 24-1(a) (4)). He was sentenced to six months in the House of Correction on the State charge and fined $500.00 on the City charge.

Defendant appeals and contends that he was deprived of his right to be represented by counsel of his own choice in that the court appointed a public defender to proceed with the hearing on the motion to suppress and the trial after being advised that defendant had retained private counsel.

On March 27, 1969, defendant was arrested by Officer Eugene Mooney of the Chicago Police Department, who had been advised that defendant was being sought on a rape charge. *fn1 A search of his person revealed an unregistered handgun.

On April 8, 1969 defendant appeared before the court on the above charges. On his motion, the matter was continued until April 25, 1969, upon which date at 2:30 P.M. the following colloquy took place:

"Clerk: Oscar Purvey; Sheet 4, Judge.

State's Attorney: Are you ready for trial? Are you ready for trial?

Speak up.

Defendant: My lawyer isn't here.

Court: Who is your lawyer?

Clerk: His lawyer was Mr. Feldman, Judge, and he waited all day for him and he left.

State's Attorney: When did you hire ...


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