APPEAL from the Circuit Court of Cook County; the Hon. JAMES
SCHREIER, Judge, presiding.
MR. JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:
Defendant, Leo Murff, was convicted in a bench trial of the offense of simple battery and sentenced to a term of two years probation, with a condition that he receive out-patient psychiatric treatment at the Illinois Psychiatric Institute. On appeal, the defendant has raised the issue as to whether the defendant expressly waived his right to a trial by jury.
The following proceedings took place at the outset of defendant's trial on May 24, 1977:
"CLERK: Leonard Murph, Roger Figenbaum, complainant.
COURT: Mr. Morrissey [assistant public defender], what do you have to report?
MR. MORRISSEY: The defendant, in this case, pleads not guilty, asking for immediate trial.
COURT: You are satisfied he understands the nature of the charge, can cooperate with you?
COURT: Mr. Murph, you are charged with battery, on Roger Figenbaum, you plead not guilty, is that correct?
COURT: You want to be tried by me today?
DEFENDANT: Since I wouldn't be allowed to have a continuance, I guess I would have to.
COURT: We are going to resolve it today. When you do, Mr. Murph, you waive your right to a jury trial, that means you give up your opportunity to have on trial your case before twelve people from throughout the community, ...