People v. Brexton

Defendant was charged with felony retail theft, and after he withdrew his guilty plea he was charged with and convicted of burglary after jury trial. State's charging Defendant with the more serious charge of burglary, when it had not been charged prior to his plea, constituted prosecutorial vindictiveness. Just as the State may not reinstate charges dismissed as part of a plea agreement where a Defendant was not properly admonished per Rule 605(b), the State may not file new and additional charges where Defendant was not aware of those charges prior to entering guilty plea and where State has not shown new facts warranting them. (ZENOFF and O'MALLEY, concurring.)