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People v. Durham

OCTOBER 11, 1974.

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

v.

STANLEY DURHAM, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM F. FITZPATRICK, Judge, presiding.

MR. JUSTICE BARRETT DELIVERED THE OPINION OF THE COURT:

Defendant was charged with the offense of theft. (Ill. Rev. Stat. 1973, ch. 38, par. 16-1.) After a bench trial, he was found guilty and was sentenced to a term of 30 days in the House of Correction.

On appeal, defendant raises three contentions: (1) the record does not reflect that he knowingly and understandingly waived his right to trial by jury; (2) statements made by him during the course of a custodial interrogation were improperly admitted into evidence; and (3) certain hearsay testimony was prejudicial.

I.

Defendant's case was called for trial along with the cases of a Mr. Long and a Mr. Arnold. The following occurred:

"MR. SIMKIN [Assistant State's Attorney]: We will be ready to dispose of this matter.

THE COURT: Are you ready for trial? Do you have an attorney?

MR. DURHAM [defendant]: No.

THE COURT: I will appoint the Public Defender. Pass it."

After an interval of time, the following proceedings were had:

"MR. SIMKIN: Mr. Long's case has been nolle'd, or SOL'd. Mr. Arnold is one year probation.

Have you talked to Mr. Durham?

MR. LASKO [Assistant Public Defender]: We are ready for trial on that one.

MR. SIMKIN: The state will answer ready for trail [sic] on Mr. Durham. We will be ready.

THE COURT: Mr. Durham is charged with petty theft. What is the plea?

MR. DURHAM: Not guilty.

THE COURT: Do you waive ...


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