Legal Opinion
People v. Levin
Illinois Supreme Court
Decided November 29, 1993No. 71542, 71820, 72736, 72929 and 73108PublishedCited by 79 opinions
1Opinion of the CourtJustice Freeman
In these consolidated appeals we are asked to decide whether, at resentencing, double jeopardy bars the State’s second attempt to establish a defendant’s eligibility for enhanced sentencing under either the Class X sentencing provision or the Habitual Criminal Act, where the appellate court has vacated the defendant’s sentence for the State’s failure to prove such eligibility in the first sentencing proceeding.
BACKGROUND
These several appeals are linked by the singular issue of whether double jeopardy attaches to enhanced-sentencing proceedings. Four of the appeals, People v. Levin, No. 71542,…
2Cases cited38 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Burks v. United StatesSupreme Court of the United States · 1978
- Ashe v. SwensonSupreme Court of the United States · 1970
- United States v. DiFrancescoSupreme Court of the United States · 1980
- McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
33 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Monge v. CaliforniaSupreme Court of the United States · 1998
- People v. WestIllinois Supreme Court · 1999
- People v. BarraganCalifornia Supreme Court · 2004
- People v. OrtizIllinois Supreme Court · 2001
- People v. ColonIllinois Supreme Court · 2007
74 more not listed; retrieve them via the Exa API.