People v. Cabrera 

Illinois Appellate Court
Criminal Court
Guilty Pleas
Double Jeopardy
Citation
Case Number: 
No. 1-07-2922
Decision Date: 
Monday, June 28, 2010
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Affirmed.
Justice: 
GARCIA
(Court opinion of 2/16/10 withdrawn.) Court did not subject Defendant to double jeopardy by sua sponte vacating negotiated guilty plea and setting case for trial on all charges after accepting plea of guilty to one count and granting State's motion to nol-pros remaining charges. Jeopardy that attached to guilty plea to armed robbery did not terminate, thus re-prosecution of same offense in subsequent bench trial was not barred by double jeopardy; and jeopardy did not attach to charges dismissed pursuant to State's motion to nol-pros. Imposition of harsher sentence after trial did not raise double jeopardy concerns.