People v. Longoria

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…