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People v. Spates

The People of the State of Illinois, Plaintiff-Appellee, v. Lester Spates, Defendant-Appellant

People v. Spates, 270 N.E.2d 848 (Ill. App. Ct. 1971)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
June 14, 1971
Docket
No. 70-213
Judges
Seidenfeld
Citations
270 N.E.2d 848132 Ill. App. 2d 902
Cited by 4

Opinion — Seidenfeld

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was convicted of Mob Action upon a negotiated plea of guilty and sentenced to a term of 1-5 years. He charges error in the acceptance of his written jury waiver without a showing on the record that he expressly and understandingly waived his constitutional right to a jury trial.

On this date we have filed an opinion in People v. Willie Gaston, Jr., 132 Ill.App.2d 579 , involving a co-defendant similarly charged and convicted under an indictment arising from the same transaction. The factual situation and the issues are the same in each case. The opinion in Gaston is controlling here and we, therefore, adopt it as determinative of this case.

The defendant’s conviction is reversed and the cause remanded with directions to permit the defendant to withdraw his plea of guilty and plead anew.

Reversed and remanded with directions.

T. MORAN, P. J., and GUILD, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →
1972: 11974: 21975: 119722026peak 1974 · 2

Relies on it most ⓘ

  1. People v. Fowler309 N.E.2d 788 (Ill. App. Ct. 1974)
  2. People v. Clay311 N.E.2d 384 (Ill. App. Ct. 1974)
  3. People v. Bowers280 N.E.2d 784 (Ill. App. Ct. 1972)
  4. People v. Meier332 N.E.2d 1 (Ill. App. Ct. 1975)

Most recent

  1. People v. Meier332 N.E.2d 1 (Ill. App. Ct. 1975)
  2. People v. Clay311 N.E.2d 384 (Ill. App. Ct. 1974)
  3. People v. Fowler309 N.E.2d 788 (Ill. App. Ct. 1974)
  4. People v. Bowers280 N.E.2d 784 (Ill. App. Ct. 1972)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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