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People v. Mcmurray

OPINION FILED NOVEMBER 23, 1977.

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

v.

ARLENE MCMURRAY, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. DWIGHT McKAY, Judge, presiding.

MR. JUSTICE WILSON DELIVERED THE OPINION OF THE COURT:

Arlene McMurray, defendant, was charged by misdemeanor complaints with the battery of two police officers, an assault upon a private citizen, resisting a police officer and disorderly conduct. (Ill. Rev. Stat. 1975, ch. 38, pars. 12-1, 12-3(a), 26-1(a)(1) and 31-1.) After a bench trial, she was found guilty of the batteries, disorderly conduct and resisting a police officer, and sentenced to a term of six days periodic imprisonment. She was found not guilty on the assault charge.

Defendant appeals, contending that: (1) the trial court failed to effectively advise her of her right to counsel before accepting her waiver in that regard; (2) she did not knowingly and voluntarily waive her right to trial by jury; and (3) the result of the trial would have been different had she been represented by counsel.

The complaints arose out of a single incident which occurred on May 20, 1976, outside defendant's residence in Markham, Illinois. The record discloses defendant was an 18-year-old college student and resided with her parents at the time. She had been released on bail the day following the incident.

When the matter was called for trial on June 11, 1976, the following colloquy occurred between the trial court and defendant:

"THE COURT: You are charged with the offense of Battery by Officer Jaskolski. The further offense of Battery by Officer Holloway of Markham. The charge of Disorderly Conduct by one Merlon Jackson. Yes. Merlon Jackson. And the charge of an Assault upon the Complaint of Merlon Jackson, and the charge of Resisting a Peace Officer by Officer Robert Holloway of the Markham Police Department.

Are you ready for trial this morning?

MISS McMURRAY: Yes.

THE COURT: And, did you wish trial by The Court or a Jury Trial?

MISS McMURRAY: Court.

THE COURT: And, to the charges, first of Resisting a Peace Officer on the Complaint of Officer Holloway, how do you plead?

MISS McMURRAY: Well, I resisted him, but I felt I had a, within reason. I've felt I was right.

THE COURT: You have to say Guilty or Not Guilty.

MISS McMURRAY: Well, I am pleading why I feel that — Not Guilty.

THE COURT: Not Guilty. All right. Now, to the Charge of Assault as brought by Merlon Jackson, how do you plead?

MISS McMURRAY: Not Guilty.

THE COURT: Not Guilty? Not Guilty?

MISS McMURRAY: Yes.

THE COURT: To the charge of Disorderly Conduct?

MISS McMURRAY: Not Guilty.

THE COURT: Let me tell you what that charge says. It says you did use obscene language and a loud voice while standing in Mr. Jackson's yard at 16320 Ashland in Markham causing a breach of the peace.

How do you say to that, Not Guilty?

MISS McMURRAY: Yes.

MR. GARZA [Assistant State's Attorney]: What is that ...


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