People v. Staple

Illinois Appellate Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
2016 IL App (4th) 160061
Decision Date: 
Tuesday, December 20, 2016
District: 
4th Dist.
Division/County: 
Vermilion Co.
Holding: 
Reversed and remanded.
Justice: 
HOLDER WHITE

Defendant was aware of pending aggravated DUI felony charges when he pled guilty to misdemeanor charge of DUI which arose out of same set of circustances as felony charges. A defendant is not entitled to use Double Jeopardy Clause as a sword to prevent State from completing its prosecution on remaining charges. Thus, double jeopardy does not bar State from pursuing felony charges that were pending at the time that Defendant pled guilty to the lesser-included misdemeanor charges. (TURNER and HARRIS, concurring.)