PEOPLE v. LEVAN

No. 3-95-0607.

674 N.E.2d 807 (1996)

285 Ill. App.3d 347

221 Ill.Dec. 14

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael J. LEVAN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 15, 1996.


Attorney(s) appearing for the Case

Peter A. Carusona, Office of State Appellate Defender, Ottawa, for Michael J. Levan.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Attorney, Peoria, for People.


Justice SLATER delivered the opinion of the court:

The defendant, Michael Levan, was charged with theft. 720 ILCS 5/16-1 (West 1994). He moved to dismiss on the ground of double jeopardy. The trial court denied the motion, and the defendant was later convicted. On appeal, the defendant argues that the charge should have been dismissed. We reverse.

The record shows that on March 18, 1994, the defendant was charged in Illinois with theft. The Illinois charge...

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