People v. Hoskinson

This is an appeal by the State of the circuit court’s order dismissing the five-count indictment against Dawn Hoskinson on double jeopardy grounds. The State contends that the trial court erred in finding that a prosecution of defendant for aggravated battery constituted the same offense as the failure to obey a police officer for which defendant was previously convicted. The State argues that the court relied on the “same evidence” test which our supreme court rejected in People v. Mueller (1985), 109 Ill. 2d 378, 488 N.E.2d 523.

On April 8, 1988, at about 5 p.m., Chicago police officer…