People v. Hutt
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Hutt was convicted of obstructing justice and driving under the influence of alcohol (DUI). The Fourth District affirmed. Hutt argued that the trial court improperly denied him a jury trial in the DUI case and that the evidence was insufficient to find him guilty of obstructing justice. Hutt executed a written jury waiver and was admonished with regard to his right to a jury trial. Although all five cases against him were set for a jury trial on the day of the waiver, the written waiver did not reference the DUI case number. The pretrial conference order referenced all five case numbers, indicated that Hutt had waived a jury trial, and removed the entire cause from the jury docket. Thereafter, when all five cases were called for a status hearing, Hutt's counsel stated that Hutt had previously waived his right to a jury trial. The trial court addressed Hutt, who did not challenge the waiver but, rather, explained why he had waived his right to a jury trial. At subsequent court proceedings, Hutt never objected to a bench trial in the DUI case
The Illinois Supreme Court affirmed Hutt’s DUI conviction but reversed his obstructing justice conviction. Hutt’s refusal or recalcitrance to comply with the police officers and the search warrant to obtain his blood or urine did not meet the definition of “conceal” for the obstruction charge.
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