People v. Pondexter

Defendant was indicted by a grand jury on March 7, 1989, for two counts of aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12—4(b)(6)). After the jury was impaneled and sworn and the State had rested its case, the trial court declared a mistrial. Defendant subsequently filed a motion to bar reprosecution on double jeopardy grounds, which was denied by the trial court. Defendant appeals pursuant to Supreme Court Rule 604(f) (134 Ill. 2d R. 604(f)). We reverse the trial court and hold double jeopardy bars a second trial.

Defendant is an inmate at the Pontiac Correctional Center and on…