People v. Lee

State's decision to reindict Defendant for residential arson after he had successfully appealed his convictions of aggravated criminal sexual assault and unlawful restraint did not trigger a presumption of prosecutorial vindictiveness. Refiling of residential arson charge occurred in a pretrial setting, in which presumption of vindictiveness is not favored, and charge was an entirely different crime, based on different facts and occurring on different day. No evidence of actual prosecutorial vindictiveness, as Defendant showed no evidence that prosecutor had animus or retaliatory motive in re-indictment. (ZENOFF and SCHOSTOK, concurring.)