PEOPLE v. LONGORIA

No. 2-06-0353.

872 N.E.2d 1083 (2007)

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. John LONGORIA, Defendant-Appellee.

Appellate Court of Illinois, Second District.

July 26, 2007.


Attorney(s) appearing for the Case

John B. Roe, Ogle County State's Attorney, Oregon, Martin P. Moltz, Deputy Director, Gregory L. Slovacek, State's Attorneys Appellate Prosecutor, Elgin, for the People.

Thomas A. Lilien, Deputy Defender (Court-appointed), Mark G. Livine (Court-appointed), Office of the State Appellate Defender, for John Longoria.


Justice O'MALLEY delivered the opinion of the court:

The State appeals the trial court's order dismissing with prejudice charges against defendant, John Longoria, after the trial court declared a mistrial and found that the State was responsible for it. The State contends that there is no indication that the prosecutor intended to provoke defendant into moving for a mistrial and, accordingly, it may retry defendant. We reverse and remand.

Defendant was charged...

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