Illinois Appellate Court
Criminal Court
Double Jeopardy
Defendant was convicted, after jury trial, of aggravated criminal sexual assault. Defendant moved for acquittal or new trial, claiming various errors. Court granted new trial, but did not enter outright acquittal, and Defendant claimed new trial would violate double jeopardy. Protection against double jeopardy is triggered only upon acquittal or conviction, regardless of whether evidence at first trial was legally sufficient. (BIRKETT, concurring; HUTCHINSON, specially concurring.)