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People v. Feliciano

OPINION FILED FEBRUARY 23, 1981.

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

v.

JESUS FELICIANO, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. RONALD BANKS, Judge, presiding.

MR. JUSTICE O'CONNOR DELIVERED THE OPINION OF THE COURT:

Defendant, Jesus Feliciano, was charged with one count of battery. After a bench trial in the circuit court of Cook County, defendant was found guilty and sentenced to six months in the House of Corrections.

On appeal, defendant contends, among other things, that the trial court erred in accepting his waiver of his right to counsel in that his waiver was not knowingly and intelligently made. Because we agree, it is not necessary to consider the defendant's other contentions.

The record reflects that defendant appeared without benefit of counsel when his case was called. The following colloquy occurred:

"THE COURT: Are you ready for trial today?

MR. FELICIANO: Yes.

THE COURT: You are charged with battery. Do you have a lawyer?

MR. FELICIANO: No.

Q. Do you realize, if convicted on a charge of battery, it carries a maximum sentence of one year in jail, or a fine of $1,000, and therefore, under the law, you are entitled to a lawyer to represent you?

A. Yes.

Q. Do you want time to get a lawyer? That is your right. You want to go to trial without a lawyer?

A. Yes.

THE COURT: You want to prosecute him?

[COMPLAINING WITNESS]: Yes, sir.

THE COURT: Why don't you want ...


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