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PEOPLE v. PONDEXTER

No. 4-90-0269.

573 N.E.2d 339 (1991)

214 Ill. App.3d 79

157 Ill.Dec. 921

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Larry PONDEXTER, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

June 5, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Peter L. Rotskoff, Asst. Defender, Springfield, for defendant-appellant.

Donald D. Bernardi, State's Atty., Pontiac, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Rebecca L. White, Staff Atty., Springfield, for plaintiff-appellee.

Justice McCULLOUGH delivered the opinion of the court:

Defendant was indicted by a grand jury on March 7, 1989, for two counts of aggravated battery (Ill.Rev.Stat.1987, ch. 38, par. 12-4(b)(6)). After the jury was impaneled and sworn and the State had rested its case, the trial court declared a mistrial. Defendant subsequently filed a motion to bar reprosecution on double jeopardy grounds, which was denied by the trial court. Defendant appeals pursuant to Supreme...

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