Appeal from the Circuit Court of Cook County; the Hon. Thomas
J. Maloney, Judge, presiding.
PRESIDING JUSTICE LINN DELIVERED THE OPINION OF THE COURT:
Following a bench trial at which defendant, Norman Crittenden, represented himself, he was convicted of theft (Ill. Rev. Stat. 1983, ch. 38, par. 16-1(a)) and sentenced to a term of two years. On appeal he contends that the trial court's failure to comply with Supreme Court Rule 401(a) (87 Ill.2d R. 401(a)) rendered his attempted waiver of counsel ineffective.
Defendant was charged by information with theft on an automobile and possession of a stolen motor vehicle. These charges were also the basis for a charge of a violation of probation on which he had been placed for a prior auto theft conviction.
The report of proceedings shows the following colloquy regarding defendant's waiver of counsel:
"Mr. King [Assistant Public Defender]: * * * Mr. Crittenden has indicated that he would like an order from the Court for me pursuant to the discovery rules to xerox and convey to him the discovery materials.
The Court: What discovery materials?
Mr. King: Police reports.
The Court: Oh, no, no. Mr. Crittenden, those things are made for lawyers, not for defendants.
Defendant: Suppose I want to take up my own case.
The Court: Well, if you want to be your own lawyer, we will relieve the Public Defendant and you can be your own lawyer.
Defendant: And then I will have access to these papers?
Defendant: Then I would like to ...