People v. Guillen

Court erred in dismissing charges of aggravated DUI on basis that charges placed Defendant in double jeopardy. State and trial court realized, during initial plea hearing, that offense was felony DUI rather than misdemeanor which which Defendant had been charged. Jeopardy had not attached at the point when State nol-prossed the misdemeanor charges. Judge had never finally or unconditionally accepted the plea, as would be required for true acceptance of plea, and judge's intention and ruling were clear that he would not accept guilty plea. (ZENOFF, specially concurring; HUDSON, dissenting.)