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People v. Brodus

MAY 22, 1974.

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

v.

JAMES BRODUS, A/K/A JAMES BRODAUS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. ALLEN F. ROSIN, Judge, presiding. MR. PRESIDING JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT:

The defendant-appellant was charged with contributing to the sexual delinquency of a child and on April 18, 1973, in a bench trial, defendant was found guilty. The trial court sentenced the defendant to serve a term of 5 months in the Illinois State Farm at Vandalia. The defendant appeals and contends he did not knowingly and understandingly waive his right to a jury trial. Since only a legal question is raised it is unnecessary to set forth the facts which gave rise to the prosecution. We agree with the defendant and find that there was not a proper jury waiver.

In the trial court the following colloquy took place:

"THE COURT: Would the State be ready to try the case?

MR. COOLEY: State is ready, your Honor.

THE COURT: He is in custody. The State is answering ready.

Do you have money to hire a lawyer or to post bond?

MR. BRODAUS: No.

THE COURT: I will give you the Public Defender. [Whereupon the Court Call continued. Subsequently, the following proceedings were had:]

THE CLERK: Sheet 3, Line 32; James Brodaus: Gloria J. Price. Sheet 3, Line 32.

THE COURT: James Brodaus, I appointed the Public Defender. This is a sexual delinquency case. Are you ready for trial?

MR. HARRIS: Yes, Judge.

THE COURT: State ready?

MR. COOLEY: The State has motions to amend the complaint instanter, your Honor.

At this time the State requests leave to amend the complaint — to amend the date of the complaint from 15 February, '73 to 2 March 1973; and also, to include in `place of ...


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