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PEOPLE v. HERNANDEZ

No. 2-09-0674.

949 N.E.2d 1139 (2011)

409 Ill. App.3d 294

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Robert HERNANDEZ, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 18, 2011.

Attorney(s) appearing for the Case

Thomas A. Lilien, Deputy Defender, Mark G. Levine (Court-appointed), Office of the State Appellate Defender, Elgin, for Robert Hernandez.

John A. Barsanti, Joseph H. McMahon, Kane County State's Attorney, St. Charles, Lawrence M. Bauer, Deputy Director, Gary M. Klinger, State's Attorneys Appellate Prosecutor, Elgin, Constance Augsburger, Mt. Morris, for People.

OPINION

Justice SCHOSTOK delivered the judgment of the court, with opinion.

The defendant, Robert Hernandez, appeals from his convictions on two counts of obstructing a peace officer (720 ILCS 5/12-3.1(a)(1), (a)(2) (West 2008)). He asserts that he did not waive his right to a jury trial on those charges, although, before the State charged him with obstruction, he did execute a written jury waiver as to two counts of domestic battery (720 ILCS 5/12-3.1(a...

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