People v. Martinez

Illinois Supreme Court
Criminal Court
Case Number: 
2013 IL 113475
Decision Date: 
April 18, 2013
2d Dist.
Kane Co.
Appellate court affirmed; circuit court vacated; remanded..
State may appeal the circuit court's action in directing verdicts in favor of the defendant, after the State indicated that it would not participate in the proceedings. The directing of a verdict for a defendant is an appelable dismissal under Rule 604(a)(1), rather than an acquittal. As State called no witnesses and presented no evidence, and the State repeated that it was not participating, Defendant was never at risk of being found guilty of any offense, and thus appeal from judgment is not double jeopardy.(KILBRIDE, THOMAS, GARMAN, KARMEIER, and THEIS, concurring.)