People v. Longoria

              No. 2--06--0353 Filed: 6-6-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Ogle County.
)
Plaintiff-Appellant, ))
v. ) Nos. 04--DT--1
) 04--TR--15
) 04--TR--16
) 04--TR--17
)
JOHN LONGORIA, ) Honorable
) Kathleen O. Kauffmann,
Defendant-Appellee. ) Judge, Presiding.
______________________________________________________________________________
JUSTICE O'MALLEY delivered the opinion of the court:
The State appeals the trial court's order dismissing with prejudice charges against defendant,
John Longoria, after the trial court declared a mistrial and found that the State was responsible for
it. The State contends that there is no indication that the prosecutor intended to provoke defendant
into moving for a mistrial and, accordingly, it may retry defendant. We reverse and remand.
Defendant was charged by complaint with leaving the scene of an accident (625 ILCS 5/11--
401(a) (West 2004)), driving with a revoked license (625 ILCS 5/6--303 (West 2004)), operating an
uninsured motor vehicle (625 ILCS 5/3--707 (West 2004)), and driving under the influence of
alcohol (625 ILCS 5/11--501(a)(2) (West 2004)), following an accident on January 4, 2004.
Defendant's jury trial did not begin until March 6, 2006. On the day of trial, defendant moved in