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People v. Lundgren

Case Date: 12/29/1999
Court: 2nd District Appellate
Docket No: 2-98-1070

People v. Lundgren, No. 2-98-1070

2nd District, 29 December 1999

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

MARGIT R. LUNDGREN,

Defendant-Appellant.

 Appeal from the Circuit Court of Kane County.

No. 98--CM--274

Honorable Franklin D. Brewe, Judge, Presiding.

JUSTICE McLAREN delivered the opinion of the court:

Following a bench trial, defendant, Margit R. Lundgren, was found guilty of obstructing a peace officer (720 ILCS 5/31--1 (West 1998)). Defendant was sentenced to six months of nonreporting conditional discharge and a fine of $185. Defendant timely appeals and contends that her conviction must be reversed (1) because the State failed to prove her guilty beyond a reasonable doubt, and (2) because the record fails to show that she understandingly waived her right to a jury trial. We reverse and remand.

A recitation of the facts is necessary because defendant contends that the evidence was not sufficient to prove her guilty beyond a reasonable doubt. According to a certified bystander's report, defendant was charged with obstructing a peace officer and unlawful delivery of alcoholic liquor to a minor. Defendant did not file a motion to quash arrest on either charge. The State nol-prossed the charge of unlawful delivery of alcoholic liquor to a minor and proceeded to trial only on the charge of obstructing a peace officer.

The certified bystander's report contains the following facts regarding the proceedings at trial on June 9, 1998. The State's only witness at trial was Scott Harmon, a Maple Park police officer. Harmon testified that he had been an officer with the Maple Park police department for 1