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People v. Montoya

OPINION FILED MARCH 4, 1981.

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

v.

ORACIO MONTOYA, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Boone County; the Hon. MICHAEL R. MORRISON, Judge, presiding.

MR. JUSTICE UNVERZAGT DELIVERED THE OPINION OF THE COURT:

The defendant was convicted in the circuit court of Boone County of obstructing a peace officer and of criminal trespass to land. He was sentenced to serve one year conditional discharge with 30 days to be served in the county jail.

The defendant became drunk in a tavern and was requested by the tavern manager to leave because he was using profane language. He refused to leave, and the police were called. He was escorted out of the tavern by a police officer and taken to the police station. At the station he was asked to empty his pockets, which he refused to do and, according to police testimony, struck the officer in the face. He was charged with criminal trespass to land and obstructing a peace officer.

Subsequently the defendant was arraigned, pleaded not guilty and asked for a jury trial. He stated he did not need a lawyer and did not want one. The following colloquy occurred at the preliminary hearing:

"THE COURT: Show the Defendant present and Mr. Maville for the State. The reason for the hearing today is that you have entered a plea of not guilty and you have not waived a jury trial. In other words, the case is set down for trial by a jury. If you wish to waive a jury trial today I will give you a specific date to come back to court. Interpreter, Bertha Isalque, also present.

DEFENDANT: You give me a specific date already. This is why I came here today.

THE COURT: This is because you have not waived a jury trial. That was some other Judge that set this date. Now, you can plead not guilty to the charge or you can plead guilty to it. The question I have is, do you want to have a trial by a Judge or by a Jury?

DEFENDANT: By Jury.

THE COURT: A trial by jury is complicated if you do not have a lawyer.

DEFENDANT: I do not need a lawyer. The case is very simple.

THE COURT: It is going to be very difficult for you to try a case with a jury if you do not have a lawyer. If you were trying it by a Judge it might be easier. You were in here before with a trial by a Judge, were you not?

DEFENDANT: Yes.

THE COURT: You still want to have a Jury trial?

DEFENDANT: Yes.

THE COURT: Mr. Maville, Mr. Montoya and I have gone over this situation and he wishes to have a trial by a Jury in Criminal Trespass to Land and Obstructing a Peace Officer. I see very minimal information in Obstructing a Police Officer in that they did not write in what it was.

MR. MAVILLE [State's Attorney]: In talking to Mr. Grubb he informed me he intends to ask for full time on this. He ...


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