409 Ill. App. 3d 294
Ill. App. Ct.2011Background
- Defendant Hernandez was charged with two counts of domestic battery; he signed a written jury waiver on November 13, 2008, while facing only domestic battery charges.
- The State later sought to amend the complaint to add two counts of obstructing a peace officer (added February 11, 2009).
- A bench trial on the obstruction counts occurred after the amendment was allowed on April 7, 2009, before a different judge than the one who accepted the waiver.
- The court directed findings for the domestic battery counts and convicted Hernandez on the two obstruction counts.
- Hernandez objected to the timing of the amendment as barred by compulsory joinder; he did not challenge the jury waiver’s applicability to the obstruction charges.
- The appellate court vacated Hernandez’s obstruction convictions, concluding the November 13 waiver did not cover the later-added charges and that his silence at the bench trial did not constitute a waiver by acquiescence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a jury waiver for one set of charges cover later-added charges? | People contends waiver covered all charges. | Hernandez argues waiver did not extend to obstruction charges. | Waiver did not cover obstruction charges. |
| Can silence at the start of a bench trial constitute waiver by acquiescence? | Acquiescence could imply consent to bench trial on all charges. | Silence does not prove conscious relinquishment of right. | Silence did not amount to waiver by acquiescence. |
| What is the effect of an amended information on previously entered waiver? | Amendment to add charges retroactively aware to defendant. | Waiver relates only to those charges at time of signing. | Waiver cannot be read to include newly added charges. |
Key Cases Cited
- People v. Bracey, 213 Ill.2d 265 (2004) (jury waiver must be voluntary and knowing; silent acquiescence insufficient for waiver of right to jury trial)
- People v. Frey, 103 Ill.2d 327 (1984) (record shows defendant knew of right and discussed waiver; silent acquiescence can indicate waiver in similar contexts)
- People v. Smith, 106 Ill.2d 327 (1985) (bystander's report rule; State may supplement record regarding waiver proceedings)
- Majka v. State (Ill. App. 2006), 365 Ill.App.3d 362 (2006) (presumption of proper waiver requires complete record; responsibility on both parties)
- Scott v. People, 186 Ill.2d 283 (1999) (waiver discussion must occur in defendant's presence; absence of discussion suggests invalid waiver)