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People v. Green

MARCH 14, 1975.

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

v.

JAMES GREEN, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES A. CONDON, Judge, presiding.

MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:

Following a bench trial, defendant was found guilty of unlawful use of weapons in violation of section 24-1(a)(10) of the Criminal Code. (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(a)(10).) He was sentenced to a term of 1 year. He appeals contending that he did not knowingly and understandingly waive his right to a jury trial.

The report of proceedings pertinent to this appeal shows the following to have taken place on March 11, 1974, before Judge James A. Condon:

"THE CLERK: James Green? 27, 2, Judge.

THE COURT: Are you ready for trial?

JAMES GREEN: My lawyer isn't here.

THE COURT: Who's your lawyer?

JAMES GREEN: I have the Public Defender.

THE COURT: You have the Public Defender?

JAMES GREEN: I am suppose to be given one.

THE COURT: Mr. Public Defender?

Apparently — he says you were appointed.

There is nothing in the record, but talk to him. I will appoint ...


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