APPEAL from the Circuit Court of Cook County; the Hon. ALFONSE
F. WELLS, Judge, presiding.
This is an appeal from the dismissal, without an evidentiary hearing, of an amended post-conviction petition. On February 24, 1965, petitioner pleaded guilty to the offense of aggravated battery, and, following a bench trial, was convicted of rape, indecent liberties, and attempt murder. On appeal to this court, the convictions for indecent liberties and attempt murder were reversed, which left standing the convictions for rape and aggravated battery, for which petitioner had been sentenced to consecutive terms of 10 to 25 years and 5 to 10 years, respectively. (People v. Ruiz (1967), 82 Ill. App.2d 184, 226 N.E.2d 438, cert. denied (1968), 392 U.S. 916.) Petitioner contends that the court should have granted an evidentiary hearing. The State contends that the amended petition failed to allege any violations of substantial constitutional rights and, therefore, was properly dismissed without an evidentiary hearing.
The petitioner alleged that his constitutional rights had been violated (1) when he pleaded guilty to aggravated battery, because the trial court failed to advise him (a) of his right to a jury trial, and (b) of the possible sentences that might be imposed; and (2) because the trial court did not obtain a knowing and voluntary waiver of the right to a jury trial on the remaining charges. Petitioner further claimed that his rape conviction deprived him of his constitutional right to trial by jury because he first came to the United States in 1963 and did not have either a sufficient command of the English language or an adequate understanding of the United States judicial system to waive his right to trial by jury. He alleged that the interpreter "did not speak good Spanish" and that in explaining trial by jury to him, she merely told him that "a jury was 12 people."
The report of proceedings on February 24, 1965, shows the following:
MR. GRAMENOS (assistant public defender):
Your Honor, in the case of Louis Ruiz, Indictments 64-3717 and 3718, I have discussed these matters with Mr. Ruiz with the benefit of an interpreter and Mr. Ruiz wishes to enter a plea of guilty to the indictment charging aggravated battery; with respect to the charge of attempt with intent to commit murder, not guilty. Mr. Ruiz further advises with Indictment 64-3717 charging rape and indecent liberties with a child, he enters a plea of not guilty.
The defendant further advises that he waives a jury trial and wishes to have a bench trial in this case.
MR. FLEISCHMAN (assistant State's attorney): The State would move to consolidate, consolidating the indictments and have them tried together.
MR. DI VITO (assistant State's attorney): The State answers ready for trial.
THE COURT: Motion to consolidate is allowed. Are you the interpreter?
MR. GRAMENOS (assistant public defender): Mrs. Abby Toribio who is associated with the Cardinal Committee for the ...