Illinois Appellate Court
Criminal Court
Vindictive Prosecution
Discovery
Vindictive prosecution claim is not an affirmative defense subject to mandatory Rule 412 pretrial discovery. As trial court stated that he could not find that State acted with animus or in retaliation, Defendant did not raise colorable basis for vindictive claim, thus motion to compel discovery did not request information material to a viable defense or pretrial dismissal of pending charges, but was an attempt to gain access to State's work product, thus not subject to disclosure via discovery.