## Facts

- John Eyen was charged with misdemeanor DUI and tried in the Circuit Court of DuPage County in a bench trial.
- At a pretrial hearing on December 13, 1995, the transcript reflected that Eyen was not present.
- At that December 13 hearing, an attorney appearing for the defense requested a bench trial, and the court set the matter for bench trial on February 29, 1996.
- On February 29, 1996, Eyen was present; the court asked counsel if they were ready, counsel answered ready, and the court proceeded to a bench trial.
- No written jury-trial waiver signed by Eyen was executed before trial, and the record contained no express oral waiver by Eyen.
- After conviction, Eyen moved to reconsider or for a new trial, arguing (among other points) that there was no valid jury-trial waiver.
- At post-trial proceedings, the judge noted the absence of a written waiver and asked if Eyen would sign one; defense counsel stated there had been no waiver and Eyen would not sign.

## Issues

1. Whether conducting a bench trial without a written jury waiver and without an on-the-record personal waiver by the defendant required reversal.
2. Whether the evidence was sufficient to prove DUI beyond a reasonable doubt.

## Decision

- The appellate court reversed the DUI conviction and remanded for a new trial.
- The court held the record did not affirmatively show that Eyen personally, knowingly, and understandingly waived his right to a jury trial.
- The court rejected the State’s contention that the absence of a written waiver was harmless because counsel requested a bench trial and proceeded to trial in Eyen’s presence.
- Because reversal was required on the jury-waiver issue, the court did not decide the sufficiency claim in a manner that controlled the disposition.

## Legal Principles

- The right to a jury trial in a criminal case may be waived only if the waiver is knowing, understanding, and made personally by the defendant.
- Illinois law requires that a jury-trial waiver be reflected in a written waiver signed by the defendant, and the record must affirmatively demonstrate the waiver.
- A waiver cannot be inferred solely from defense counsel’s request for a bench trial or readiness to proceed.
- The State bears the burden to show a valid waiver from the record; if the record is incomplete or inaccurate, record-correction procedures must be used rather than appellate assumptions.
- When the record fails to show a valid jury waiver, the proper remedy is reversal and remand for a new trial.

## Conclusion

The conviction was reversed because the proceedings lacked a written jury waiver and lacked any on-the-record personal waiver by the defendant; counsel’s bench-trial request and participation did not satisfy Illinois’s requirement that the waiver affirmatively appear in the record.


People v. Eyen, 291 Ill. App. 3d 38, 683 N.E.2d 193 (Ill. App. Ct. 2d Dist. 1997)