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PEOPLE v. JACKSON

No. 3-85-0086.

144 Ill. App.3d 131 (1986)

494 N.E.2d 571

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ALBERT L. JACKSON, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Rehearing denied July 11, 1986.

Attorney(s) appearing for the Case

William Herzog, State's Attorney, of Kankakee (John X. Breslin and John M. Wood, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Robert Agostinelli and Kenneth D. Brown, both of State Appellate Defender's Office, of Ottawa, for appellee.

Judgment affirmed.

JUSTICE BARRY delivered the opinion of the court:

The defendant, Albert L. Jackson, was charged with two counts of reckless homicide. Pursuant to the defendant's motion based on double jeopardy, the court struck one count and precluded the State from introducing evidence of the defendant's intoxication in its prosecution of the remaining count. The State brought the instant appeal.

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