Filed 3/28/08 NO. 4-06-0907
IN THE APPELLATE COURT
THE PEOPLE OF THE STATE OF ILLINOIS,
JASON D. GILL,
Circuit Court of
Scott B. Diamond,
JUSTICE STEIGMANN delivered the opinion of the court:
In May 2006, the State charged defendant, Jason D.
Gill, with predatory criminal sexual assault of a child (720 ILCS
5/12-14.1(a)(1) (West 2004)). In September 2006, defendant moved
to bar prosecution, arguing that the trial court's prior dis-missal
of the same offense in an earlier Macon County case barred
further prosecution. Following an October 2006 hearing, the
trial court granted defendant's motion.
The State appeals the trial court's granting of defen-dant's
motion, and we reverse and remand for further proceedings.
In March 2005, the State charged defendant in Macon
County case No. 05-CF-298 with predatory criminal sexual assault
of a child (720 ILCS 5/12-14.1(a)(1) (West 2004)). The informa-tion
alleged that "on or about April 2003," defendant, who was 17
years of age or older, committed an act of sexual penetration