People v. Drake

Defendant was convicted, after bench trial, of aggravated battery. Appellate court reversed his conviction and held that retrial was barred by double jeopardy clause. Defendant was alleged to have caused great bodily harm to his 6-year-old stepson by immersing him in hot water. Physician offered persuasive expert testimony that child's burns resulted from forcible immersion in hot water, and ruled out alternative causes. The evidence was sufficient to conclude beyond a reasonable doubt that Defendant was the offender. The evidence, including child's hearsay statement identifying Defendant as the person who caused his injuries, was sufficient when viewed in the light most favorable to the prosecution for a rational trier of fact to find Defendant guilty beyond a reasonable doubt. Thus, the double jeopardy clause does not bar retrial. Remanded for retrial without the excluded hearsay evidence. (KARMEIER, THOMAS, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)