People v. Wilson

Defendant, Dwayne Wilson, appeals the trial court’s denial of his motion to dismiss based upon grounds of double jeopardy. The defendant had been charged, along with two codefendants, with home invasion and with four counts of armed robbery. The defendant claims that the State’s actions during his first trial forced him to request a mistrial and that the State’s actions amounted to overreaching, which barred his retrial. The trial court denied defendant’s motion, finding that the State had done nothing to provoke a mistrial. Defendant now timely appeals pursuant to Supreme Court Rule 604(f)…