People v. Brothers

Defendant was convicted, after jury trial, of home invasion, aggravated criminal sexual assault, domestic battery, and aggravated unlawful restraint, from incident when Defendant entered trailer of his estranged lover and physically and sexually attacked her over several hours. Later that month, Defendant pled guilty to harassment by telephone, when Defendant persuaded assault victim not to cooperate with prosecution in those cases; and violation of bail bond. State presented inadmissible hearsay and opinion testimony, and that was the only evidence supporting one conviction for aggravated criminal sexual assault. Retrial for that charge does not violate double jeopardy; evidence presented at first trial would have been sufficient for rational trier of fact to find essential elements of crime proven beyond a reasonable doubt, and thus retrial is proper remedy. Affirming verdict on all other counts, as properly admitted evidence overwhelmingly proved Defendant guilty of remaining counts. (KNECHT and HARRIS, concurring.)