People v. Bellmyer

Defendant, David Bellmyer, was charged with first degree murder (720 ILCS 5/9 — 1(a) (West 1998)) in the circuit court of Rock Island County. Defendant raised the affirmative defense of insanity. After the parties presented evidence in a stipulated bench trial, the trial court found that the stipulated evidence was insufficient to make a decision regarding defendant’s insanity defense. Defendant moved to dismiss the charged offense based on double jeopardy grounds. The trial court denied the motion and subsequently set the matter for a full trial.

Defendant brought an interlocutory appeal to…