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PEOPLE v. MAURICIO

No. 2-91-1044.

619 N.E.2d 1348 (1993)

249 Ill. App.3d 904

189 Ill.Dec. 299

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Carolina MAURICIO, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 2, 1993.

Attorney(s) appearing for the Case

David R. Akemann, Kane County State's Atty., Geneva, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Marshall M. Stevens, State's Atty. Appellate Prosecutor, Elgin, for the People.

Fred M. Morelli, Jr., Law Offices of Morelli & Cook, Aurora, Vincent C. Argento, Jesse V. Barrientes, Law Offices of Vincent C. Argento, Elgin, for Carolina Mauricio.

Justice McLAREN delivered the opinion of the court:

This appeal concerns whether double jeopardy arises in the prosecution of a defendant for driving while under the influence of alcohol, after that defendant had admitted in a juvenile proceeding to the unlawful consumption of liquor by a minor. We reverse and remand.

Defendant, Carolina Mauricio, a minor, was arrested on November 18, 1990. The State charged her with the following traffic offenses: driving...

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