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People v. Stolfo

OPINION FILED MARCH 8, 1977.

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

v.

ALBERT E. STOLFO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JOHN E. BOWE, Judge, presiding.

MR. PRESIDING JUSTICE DOWNING DELIVERED THE OPINION OF THE COURT:

Following a bench trial, defendant, Albert E. Stolfo, was convicted of public indecency (Ill. Rev. Stat. 1973, ch. 38, par. 11-9(a)(3)) and sentenced to 90 days in the House of Correction. On appeal, he contends (1) his jury waiver was not knowingly and voluntarily made; (2) he was not proved guilty beyond a reasonable doubt; and (3) the sentence imposed was constitutionally impermissible.

The record shows defendant was also charged with a violation of the Chicago Municipal Code (ch. 192-7). However, the trial court made no finding on this matter.

I

At the commencement of trial, the following colloquy ensued in the presence of defense counsel:

"THE COURT: Okay. Mr. Stolfo, you understand now that you have a right to a Jury trial in both of these cases?

DEFENDANT: (Nodding)

THE COURT: You are giving up your right to a Jury trial, and that you are consenting to be tried by this Court.

Do you understand that?

DEFENDANT: I guess so.

THE COURT: Beg pardon?

DEFENDANT: Whatever he says.

THE COURT: I want to know that you ...


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