People v. Dahlberg

On November 18, 2002, the defendant, Richard Dahlberg, was charged with two counts of domestic battery (720 ILCS 5/12 — 3.2(a)(1), (a)(2) (West 2002)). During a jury trial, the trial court granted the State’s motion for a mistrial and rescheduled the trial for the next day. Prior to the commencement of the new trial, the defendant moved to dismiss the charges based on the constitutional prohibition against double jeopardy. On July 9, 2003, the trial court denied the motion. The defendant appeals from this order. We reverse.

The defendant was charged with two misdemeanor counts of domestic…