People v. Ventsias

Illinois Appellate Court
Criminal Court
Double Jeopardy
Case Number: 
2014 IL App (3d) 130275
Decision Date: 
Tuesday, July 1, 2014
3d Dist.
Will Co.
Defendant was convicted, after jury trial, of predatory criminal sexual assault of a child, and found not guilty of aggravated criminal sexual abuse. While case on remand after reversal, State and defense entered into plea agreement wherein Defendant would plead guilty to abuse charge and State would nol-pros predatory charge. Waiver of Defendant's double jeopardy rights was invalid, and court properly vacated Defendant's guilty plea on State's motion, as a Defendant cannot enter guilty ple on charge of which acquitted, and properly reinstated predatory charge. Jeopardy did not attach to predatory charge at time of plea hearing because Defendant did not enter plea of guilty to that charge. Even where a defendant has been previously acquitted of a charge, protection against double jeopardy is so fundamental that it cannot be waived, even as result of guilty plea. (LYTTON and McDADE, concurring.)