People v. Campos

Following a mistrial on charges of criminal sexual assault (720 ILCS 5/12 — 13(a)(1) (West 1996)), criminal sexual abuse (720 ILCS 5/12 — 15(a)(1) (West 1996)), and battery (720 ILCS 5/12 — 3(a)(2) (West 1996)), defendant, Marco A. Campos, filed a “Motion to Discharge and Acquit Defendant on Plea of Double Jeopardy.” The trial court denied defendant’s motion, and defendant filed a timely notice of appeal pursuant to Supreme Court Rule 604(f) (188 Ill. 2d R. 604(f)). On appeal, defendant argues that the State should be barred from retrying him because the prosecutor intentionally provoked a…