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U.S. EX REL. BAEZ v. CIRCUIT CT. OF COOK CTY.

April 18, 1975

UNITED STATES OF AMERICA EX REL. MIGUEL BAEZ, PETITIONER,
v.
THE CIRCUIT COURT OF COOK COUNTY, MUNICIPAL DIVISION, FIRST MUNICIPAL DISTRICT, AND ALLYN R. SIELAFF, DIRECTOR OF THE STATE OF ILLINOIS, DEPARTMENT OF CORRECTIONS, RESPONDENTS.



The opinion of the court was delivered by: Marovitz, District Judge.

MEMORANDUM OPINION

Application for a Writ of Habeas Corpus

Petitioner Baez, presently detained on bond and awaiting incarceration in Vandalia Correctional Center, seeks a writ of habeas corpus on the grounds that he did not knowingly and intelligently relinquish his rights to a trial by jury. Baez is in custody pursuant to a judgment and sentence of nine months imposed on May 16, 1973, after conviction in the Circuit Court of Cook County of the crimes of unlawful use of weapons, failure to possess a firearm owner's identification card, and defacing firearm identification marks.

On May 16, 1973, Baez appeared, without counsel, before the Honorable Anthony Bosco in Branch 27 of the First Municipal District of Cook County, Illinois. Judge Bosco found petitioner to be indigent, appointed the Public Defender to represent Baez, and passed the case until later that day. When the case was recalled the following conversation ensued:

THE CLERK: Miguel Baez.

  THE COURT: All right is the defendant ready for
    trial?
  ASSISTANT PUBLIC DEFENDER: Defendant is ready and a
    Motion to Suppress, Judge.

THE COURT: State going to be ready?

  ASSISTANT STATE'S ATTORNEY: Mr. Baez, yes, State is
    going to be ready.

THE COURT: Plea of not guilty?

ASSISTANT PUBLIC DEFENDER: Not guilty, Jury waived.

THE COURT: Motion to Suppress?

ASSISTANT PUBLIC DEFENDER: Yes. (R. 3-4)

Allen Goldberg, the Assistant Public Defender who represented Mr. Baez, has submitted an ...


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