People v. Cervantes

Defendant was convicted, after bench trial, of armed violence. Once a defendant is acquitted, the court may not thereafter reconsider and vacate the acquittal, and a conviction after acquittal is barred by double jeopardy. Court erroneously announced that Defendant was not guilty of armed violence, having misread the indictment, and thus acquitted Defendant of armed violence. Court then ultimately entered a conviction, in violation of double jeopardy. (SCHOSTOK and HUDSON, concurring.)