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PEOPLE v. JENKINS

No. 15816.

83 Ill. App.3d 729 (1980)

404 N.E.2d 845

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. JESSE JENKINS, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed April 25, 1980.

Attorney(s) appearing for the Case

Thomas J. Fahey, State's Attorney, of Danville (Gary J. Anderson and Karen L. Boyaris, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Michael O'Brien, of Danville, for appellee.

Reversed and remanded.

Mr. JUSTICE WEBBER delivered the opinion of the court:

This appeal presents a single question of mixed fact and law, viz., whether a dismissal by a trial court after two previous mistrials of the same case is sustainable on due process grounds when there is no showing of actual prejudice to the defendant. We answer in the negative.

Defendant was charged by criminal complaint with the offense of driving while under the...

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