APPEAL from the Circuit Court of Cook County; the Hon. MAURICE
W. LEE, Judge, presiding.
MR. JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT:
Defendant, Theodore Boyd, was found guilty in a bench trial of keeping a house of prostitution. The trial court sentenced the defendant to one year's probation, with the first 60 days to be served in the House of Correction. Defendant raised the following issues for review.
"(1). Defendant's right to a jury trial was not knowingly and understandingly waived;
(2). The trial court erred at the hearing in aggravation and mitigation in considering and relying upon evidence of a prior arrest of defendant which did not result in a conviction."
On September 4, 1970, the defendant appeared before Judge Maurice W. Lee in the Circuit Court of Cook County. The following colloquy took place at the outset of the hearing:
"THE COURT: Are you ready for trial, sir?
Mr. LINDMARK: State's ready.
THE COURT: Let's get the Public Defender for them.
[Whereupon the defendants conferred with the Public Defender, and the following proceedings ensued.]
THE CLERK: Ready for trial?
Mr. WALTER: Ready for trial, jury waived, plea of not guilty."
Defendant contends that he did not knowingly and understandingly waive his right to trial by jury.
• 1, 2 There is no indication in the record that defendant knew or understood the consequences of a jury waiver. The duty rests on the trial judge to see that the election by a defendant to waive trial by jury is expressly and understandingly made. People v. Westley, 30 ...