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PEOPLE v. ROCHE

No. 2-92-1414.

630 N.E.2d 1248 (1994)

258 Ill. App.3d 194

197 Ill.Dec. 124

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Timothy C. ROCHE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 15, 1994.

Attorney(s) appearing for the Case

Robert Steven Wilson, Sycamore, for Timothy C. Roche.

Gary W. Pack, McHenry County State's Atty., William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, State's Atty. Appellate Prosecutor, 4th Dist., Springfield, Elliott Turpin, State's Atty. Appellate Prosecutor, for the People.

Justice PECCARELLI delivered the opinion of the court:

Defendant, Timothy Roche, was indicted on one count of reckless homicide (Ill.Rev. Stat.1989, ch. 38, par. 9-3(a) (now 720 ILCS 5/9-3(a) (West 1992))). After the State had presented the bulk of its evidence at trial, the trial court declared a mistrial. The State proceeded to reprosecute defendant for the same offense. Defendant now appeals the trial court's refusal...

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