Defendant was convicted, after bench trial, of disorderly conduct. In ruling on Defendant's posttrial motion, court found that evidence against him was insufficient, yet granted a new trial and gave the State leave to amend its complaint. Court denied Defendant's motion to dismiss the charge on double-jeopardy grounds. Court rescinded its order granting a new trial and sentenced Defendant to 12 months court supervision. Court, having found Defendant guilty beyond a reasonable doubt, urged the State to convict him again, only with proof that would exceed beyond a reasonable doubt. Grant of a new trial violated Defendant's right against double jeopardy. As the court based its ruling on the merits rather than a procedural error, it was the equivalent of a vacatur of conviction and a judgment of acquittal. (JORGENSEN and SCHOSTOK, concurring.)
Illinois Appellate Court
Criminal Court
Double Jeopardy