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PEOPLE v. TOTTEN

No. 84-0686.

143 Ill. App.3d 132 (1986)

491 N.E.2d 924

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. KENNETH TOTTEN, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed April 10, 1986.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner and Diana Fischer-Woods, Assistant State's Attorneys, and William L. Browers, of State's Attorneys Appellate Service Commission, of counsel), for the People.

G. Joseph Weller and Paul J. Glaser, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

JUSTICE SCHNAKE delivered the opinion of the court:

The State appeals from the dismissal by the circuit court of Du Page of the indictment charging defendant, Kenneth Totten, with aggravated battery. The trial court's dismissal was based on double jeopardy grounds.

Defendant had been tried and convicted for the crimes of rape, deviate sexual assault, home invasion, armed robbery, aggravated kidnaping and aggravated battery. At...

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