People v. Fletcher, 2017 IL App (3d) 140530

Defendant Alexander Fletcher was indicted for armed robbery with a firearm (accountability theory) based on a July 2, 2011 ATM robbery; victim Jacob McNamara testified a black man pointed a black revolver at him and took money and items.
Investigators recovered a .38 revolver from a silver SUV on July 5, 2011; defendant admitted involvement in a separate July 5 attempted robbery and in a conversation admitted he and Aaron Anderson robbed someone on July 2, 2011, but did not admit a firearm was used on July 2.
No written jury-waiver form or on-the-record colloquy appears in the record for the instant case; defense counsel, in a separate proceeding, stated “It is also bench, Judge. We waived.”
At a bench trial the court admitted DVDs of defendant’s police interviews and found defendant guilty of armed robbery with a firearm; defendant was sentenced to 6 years plus a mandatory 15-year firearm enhancement (21 years total).
On appeal the State conceded the record did not show a valid jury waiver; the appellate majority accepted that concession, vacated the conviction, and remanded for a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant validly waived the right to a jury trial	Waiver occurred (conceded on appeal) or counsel’s statement sufficed	No written waiver or on-the-record waiver in open court; counsel’s statement insufficient	Majority: waiver not shown; conviction vacated and remanded (State conceded)
Sufficiency of the evidence that a firearm was used during the July 2 robbery	Victim unequivocally testified a revolver was pointed at him; circumstantial evidence (recovered gun days later, admissions) supports armed-robbery element	Evidence insufficient to prove presence of an actual firearm beyond a reasonable doubt; single uncorroborated eyewitness and no gun shown to victim	Majority: evidence sufficient to support armed-robbery conviction (no double jeopardy bar to retrial); dissent would reduce to robbery and remand for resentencing

People v. Tooles, 177 Ill. 2d 462 (1997) (written waiver not required if waiver made understandingly in open court; validity depends on circumstances)
In re R.A.B., 197 Ill. 2d 358 (2001) (defense counsel may waive jury in defendant’s presence if defendant does not object)
People v. Fiala, 85 Ill. App. 3d 397 (1980) (post‑robbery possession of a firearm may be insufficient to prove possession at time of robbery)
People v. Toy, 407 Ill. App. 3d 272 (2011) (victim’s tactile contact with object pressed to head can support a finding that object was a firearm)