2015 IL App (3d) 130525
Ill. App. Ct.2015Background
- Defendant Joseph A. Hollahan was charged with two counts of domestic battery; he executed two signed jury waivers and twice affirmed in court that he understood the difference between a jury and bench trial and that he wanted a bench trial.
- After private counsel withdrew, a public defender was appointed; the court permitted withdrawal of the earlier jury waiver if requested, and defendant executed a second signed waiver the next day.
- Defendant later pled guilty to one count (second count dismissed), was convicted and sentenced, then moved to withdraw the guilty plea; the court granted the motion and vacated the conviction.
- The State elected to try the remaining charges; the trial court refused to allow withdrawal of the earlier jury waivers and conducted a bench trial at which defendant was found guilty of two counts of domestic battery.
- Defendant received concurrent 90‑day sentences (credited with time served) and was ordered to pay court costs; the written judgment did not itemize fines/fees and the docket showed assessments whose origin and amounts were unclear.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s prior jury waiver was effective after withdrawal of a guilty plea and vacation of the conviction | State: prior signed waivers remained effective; no renewed waiver required | Hollahan: vacatur of guilty‑plea conviction restored jury right and court should have obtained a new waiver | Court held the prior waivers remained effective; no error occurred |
| Whether remand is required to itemize fines, fees, costs and apply presentence credit | State concedes remand is proper to clarify and itemize assessments | Hollahan seeks remand for proper entry and 5‑per‑day credit offset | Court vacated all fines/fees and remanded with directions to itemize and apply credit |
Key Cases Cited
- People v. Bracey, 213 Ill. 2d 265 (discusses standards for valid jury waiver and that waiver for one trial is expended by that trial)
- People v. Mixon, 271 Ill. App. 3d 999 (written jury waiver before first trial applies only to that trial)
- People v. Totah, 192 Ill. App. 3d 239 (prior jury waiver was not ineffective after withdrawal of guilty plea under facts presented)
- People v. McCutcheon, 68 Ill. 2d 101 (discusses obtaining a jury trial on remand after vacated guilty plea; not dispositive here)
- People v. Johnson, 222 Ill. App. 248 (prior written waiver is exhausted after the first trial)