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PEOPLE v. KETTLER

No. 4-82-0242.

112 Ill. App.3d 1061 (1983)

446 N.E.2d 550

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. KEITH G. KETTLER, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Rehearing denied March 30, 1983.

Attorney(s) appearing for the Case

Anthony B. Cameron, State's Attorney, of Quincy (Robert J. Biderman and James K. Horstman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Daniel D. Yuhas and James G. Woodward, both of State Appellate Defender's Office, of Springfield, for appellee.

Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

The prosecution appeals from the "Order dismissing Counts alleging Aggravated Battery and Armed Violence preventing a retrial on said counts following a mistrial."

The trial court's memorandum framed the issue in the language:

"Does a verdict, judgment and sentence of a lesser included offense (reckless conduct) bar a retrial on the charges of aggravated battery and armed...

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