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PEOPLE v. DAHLBERG

No. 2-03-0784.

823 N.E.2d 649 (2005)

355 Ill. App.3d 308

291 Ill.Dec. 357

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Richard C. DAHLBERG, Defendant-Appellant.

Appellate Court of Illinois, Second District.

February 9, 2005.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, and Paul Alexander Rogers (Court-appointed), Office of the State Appellate Defender, Elgin, for Richard C. Dahlberg.

Joseph E. Birkett, Du Page County State's Attorney, Wheaton, Martin P. Moltz, Deputy Director, State's Attorneys Appellate Prosecutor, Elgin, Paul Benjamin Linton, Northbrook, for the People.

Justice GILLERAN JOHNSON delivered the opinion of the court:

On November 18, 2002, the defendant, Richard Dahlberg, was charged with two counts of domestic battery (720 ILCS 5/12-3.2(a)(1), (a)(2) (West 2002)). During a jury trial, the trial court granted the State's motion for a mistrial and rescheduled the trial for the next day. Prior to the commencement of the new trial, the defendant moved to dismiss the charges based on the constitutional prohibition against...

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