{
  "id": 2697275,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. William Herman Lyons, Defendant-Appellant",
  "name_abbreviation": "People v. Lyons",
  "decision_date": "1974-05-08",
  "docket_number": "No. 71-7",
  "first_page": "294",
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    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
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    "name_long": "Illinois",
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  "last_updated": "2023-07-14T16:53:04.796688+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. William Herman Lyons, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE SEIDENFELD\ndelivered the opinion of the court:\nWilliam Herman Lyons, the defendant, was charged with the offense of driving while license revoked (Ill. Rev. Stat. 1971, ch. 95\u00bd, par. 6 \u2014 303). He was convicted on October 8, 1970, after a bench trial and sentenced to 120 days\u2019 imprisonment in Vandalia. He appeals, urging for reversal that he did not understanding^ waive his right to a jury trial and that he was not afforded an independent hearing in aggravation and mitigation. We have also taken with the case a motion by defendant to reverse and remand for the failure of the record to show that defendant was admonished as to his right to have counsel present and knowingly waived that right as declared (subsequent to this trial) in Argersinger v. Hamlin (1972), 407 U.S. 25, 32 L.Ed.2d 530, 92 S.Ct. 2006.\nThe proceedings below were not reported; and neither the defendant nor the State have furnished a bystander\u2019s report of proceedings or a stipulation of facts. Ill. Rev. Stat. 1971, ch. 110A, par. 323(c),(d).\nThe common-law record contains a photocopy of a waiver of jury signed by the defendant on August 13, 1970. It also contains the following docket entry on that date:\n\u201cDeft, appears in open Court without counsel \u2014 Deft, advised of his rights \u2014 Waives trial by jury \u2014 Pleads not guilty \u2014 Deft, found to be 33 years of age \u2014 Cause set for hearing 9-10-70, 9:30 A.M.\u201d\nThe common-law record imports verity and is presumed to be correct unless contradicted by other facts in the record. (People v. Williams (1963), 27 Ill.2d 327, 329; People v. Irvin (1972), 6 Ill.App.3d 550, 552.) A verbatim transcript, or in its absence, a bystander\u2019s report or stipulation pursuant to Supreme Court Rule 323(c), or (d) would have furnished a more complete basis for a review of the issues defendant has raised. But in the absence of a better record, we will review the issues based upon the common-law record alone. People v. Bowers (1972), 4 Ill.App.3d 453, 456.\nWe conclude that the common-law record in this case is not sufficient to show that the defendant, who was sentenced to imprisonment for the misdemeanor charge, was specifically advised of his right to counsel or that he knowingly and intelligently waived his right to be represented by counsel at his trial. (Argersinger v. Hamlin (1972), 407 U.S. 25, 32 L.Ed.2d 530, 92 S.Ct. 2006.) See also People v. Morrissey (1972), 52 Ill.2d 418, 420-421, and People v. Coleman (1972), 52 Ill.2d 470, 471, holding that Argersinger is to be applied retroactively.\nWere we to hold otherwise we would be required to give effect to the single statement in the common-law record: * * * \u201cDeft, advised of his rights * * *\", a conclusive effect in every case in which the defendant does not avail himself of other methods provided for supplying a record. We are not prepared to go that far, particularly in this case which was heard at a time when the rule of Argersinger was not known tb be in effect and in all probability was not one of the \u201crights\u201d of which defendant was advised as stated in the common-law record.\nIn this view we do not reach the remaining issues raised by the defendant.\nThe judgment therefore is reversed and. remanded for further proceedings in accordance with this opinion.\nReversed and remanded.\nGUILD and RECHENMACHER, JJ., concur.\nWe disagree with People v. Hopping (1973), 16 Ill.App.3d 275, 276 ( 3d Dist. No. 72-297), cited by the State, which interprets Bowers as standing for the rule that the sufficiency of admonitions by the court may not be reviewed without either a verbatim report or a bystanders report of proceedings, Cf. People v. Bailey (1973), 12 Ill.App.3d 779.",
        "type": "majority",
        "author": "Mr. JUSTICE SEIDENFELD"
      }
    ],
    "attorneys": [
      "Paul S. Chervin, of Waukegan, for appellant.",
      "Jack Hoogasian, State\u2019s Attorney, of Waukegan (William J. Jones, Assistant State\u2019s Attorney, and James W. Jerz, of Model District State\u2019s Attorneys Office, of counsel), for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. William Herman Lyons, Defendant-Appellant.\n(No. 71-7;\nSecond District\nMay 8, 1974.\nPaul S. Chervin, of Waukegan, for appellant.\nJack Hoogasian, State\u2019s Attorney, of Waukegan (William J. Jones, Assistant State\u2019s Attorney, and James W. Jerz, of Model District State\u2019s Attorneys Office, of counsel), for the People."
  },
  "file_name": "0294-01",
  "first_page_order": 318,
  "last_page_order": 320
}