People v. Gaines

This case presents question as to whether trial court properly vacated defendant’s guilty plea that had been previously accepted by trial court, where said vacatur came after defendant attempted to say that he did not commit offenses covered in guilty plea during his statement at sentencing hearing. Appellate Court, in reversing defendant’s domestic battery conviction that resulted from subsequent trial, found that double jeopardy had attached to such charge, where: (1) said charge had been nol-prossed by said plea; (2) trial court initially accepted terms of said plea; and (3) said charge was reinstated for instant trial in spite of said plea. In its petition for leave to appeal, State argued that trial court could properly sua sponte reject tentatively accepted guilty plea and proceed to trial on all charges without violating double jeopardy principles, where defendant had subsequently claimed innocence of charges covered by guilty plea, and where no sentence had been imposed pursuant to guilty plea. (Partial dissent filed.)