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PEOPLE v. LUALLEN

No. 4-89-0220.

188 Ill. App.3d 862 (1989)

544 N.E.2d 1206

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONNA JEAN LUALLEN, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed September 28, 1989.

Attorney(s) appearing for the Case

James E. Swanson and Joseph M. Gibson, both of Peoria, for appellant.

Charles Colburn, State's Attorney, of Jacksonville (Kenneth R. Boyle, Robert J. Biderman, and David E. Mannchen, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Order affirmed.

JUSTICE LUND delivered the opinion of the court:

On November 17, 1988, after a jury was impaneled for trial involving defendant Donna Luallen, the circuit court of Morgan County declared a mistrial and dismissed the charge of driving under the influence of alcohol (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 11-501), finding the State had violated defendant's due process rights by losing a valuable piece of evidence. On December 12, 1988, pursuant...

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