People v. Bennett

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2013 IL App (1st) 121168
Decision Date: 
July 3, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
HYMAN
Holding: 
Affirmed.
Prosecutor did not show intent to force defense to request a mistrial. Although State failed to inform defense it planned to introduce other crimes evidence, no evidence in record that prosecutor intended to provoke a motion for mistrial. Although trial judge declared a mistrial, based on State's introduction of evidence of Defendant's drug dealing, nothing in record establishes requisite conscious undermining of criminal trial process with intent to subvert protections afforded by Double Jeopardy Clause. (NEVILLE and PIERCE, concurring.)