PEOPLE v. WHARTON

No. 4-00-0769.

779 N.E.2d 346 (2002)

334 Ill. App.3d 1066

268 Ill.Dec. 732

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph A. WHARTON, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 28, 2002.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender (Court-appointed), Robert N. Markfield, Assistant Defender, Office of the State Appellate Defender, Springfield, for Joseph A. Wharton.

Scott Rueter, State's Attorney, Decatur, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Perry L. Miller, Staff Attorney, State's Attorneys Appellate Prosecutor, Springfield, for the People.


Justice APPLETON delivered the opinion of the court:

A jury acquitted defendant, Joseph A. Wharton, of home invasion (720 ILCS 5/12-11 (West 1998)) but deadlocked on the remaining two counts, armed robbery (720 ILCS 5/18-2(a) (West 1998)) and residential burglary (720 ILCS 5/19-3(a) (West 1998)). The trial court entered a judgment of acquittal on the count of home invasion and declared a mistrial on the other two counts. Invoking collateral estoppel and double jeopardy...

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