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People v. Delgado

FEBRUARY 5, 1973.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EFRAIN DELGADO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. FRANK J. WILSON, Judge, presiding.

MR. JUSTICE EGAN DELIVERED THE OPINION OF THE COURT:

The defendant, Efrain Delgado, was found guilty of attempted murder and aggravated battery in a bench trial. He was sentenced to a term of four to ten years for aggravated battery and four to twelve years for attempted murder. The defendant contends on appeal: he did not knowingly and voluntarily waive his right to a jury trial; the failure to swear the interpreter constituted prejudicial error; the eyewitness identification did not establish the defendant's guilt beyond a reasonable doubt; the conviction and sentencing for two separate offenses arising from the same conduct requires a reversal of the lesser charge.

Before the trial began the following occurred:

"The Court: Both sides ready?

Mr. Wolff: The State is ready, your Honor.

The Court: A jury or a bench?

The Defendant: Bench trial.

Mr. Stearney: Bench.

Mr. Murphy: Your Honor, may we have a jury waiver, please?

The Court: Delgado, your attorney, Mr. Murphy, advises me or — what's your name?

Mr. Stearney: Stearney.

The Court: — Mr. Stearney who is about to file his appearance, advises me that you wish to waive your right to a trial by jury and submit your cause to the Court. Before permitting you to do so, it is my duty to advise you that under the law, you have a right to a jury trial. You understand you have a right to a jury trial?

The Defendant: I understand a few questions, ...


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