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People v. Hayes

OCTOBER 10, 1975.

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

v.

ERNEST

v.

HAYES, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. EARL E. STRAYHORN, Judge, presiding. PER CURIAM (BEFORE BARRETT, P.J., DRUCKER AND SULLIVAN, JJ.):

This is an appeal from a conviction for robbery. Defendant was originally indicted for the offense of armed robbery in violation of section 18-2 of the Criminal Code. (Ill. Rev. Stat. 1971, ch. 38, par. 18-2.) In a bench trial he was found guilty of the lesser offense of robbery (Ill. Rev. Stat. 1971, ch. 38, par. 18-1) and sentenced to a term of three to nine years. On appeal, he contends the trial court erred (1) in refusing his counsel the opportunity to confer with him after he stated that he wanted a bench trial; (2) in refusing to order a psychiatric examination as requested by his counsel; and (3) in restricting his counsel's cross-examination of the complaining witness.

The record discloses that when his case was called for trial, defendant, with his attorney present, personally stated to the court that he would like to file two motions which the court directed that he give to his lawyer. These were motions to dismiss and quash the complaint and both were denied by the court. The case did not proceed to trial at that time but was recalled that afternoon, whereupon defendant stated to the court that he wanted a bench trial and at the same time expressed dissatisfaction with his appointed counsel. Thereafter, the following colloquy took place:

"THE COURT: * * * Are you telling the Court you don't want a jury?

DEFENDANT HAYES: Yes, sir.

MR. LINCOLN [defendant's attorney]: I wonder if I could have a brief recess to talk to the defendant?

THE COURT: Just a minute. Let me ask you this: You understand, Mr. Hayes that you have a constitutional right to have this case in which you are charged with the offense of armed robbery heard by a jury of twelve persons. You understand that?

DEFENDANT HAYES: Yes.

MR. LINCOLN: I wonder if I could just have a moment to talk to the defendant.

MR. LINCOLN: This is a complete surprise to me. I just wanted to talk to the defendant to make sure he understands.

THE COURT: Do you understand, Mr. Hayes, that you have the right to have your case heard by a jury of twelve people?

DEFENDANT HAYES: Yes, your Honor.

THE COURT: That is, a jury would be selected, would come into open court. They would be interrogated as to their background and as to their knowledge of any of the facts in this case and they would then be selected based upon their ability to be fair and impartial to both sides in this case. You understand you have that right?

DEFENDANT HAYES: Yes, your Honor.

THE COURT: By saying that you wish a bench trial that means you lose that constitutional right to a trial by jury and the Court sits both as the finder of fact and as ...


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