People v. Valenzuela

The State appeals from an order of the circuit court of Kane County dismissing an indictment which charged defendant, Daniel Valenzuela, with the offenses of burglary (Ill. Rev. Stat. 1987, ch. 38, par. 19 — 1) and possession of burglary tools (Ill. Rev. Stat. 1987, ch. 38, par. 19 — 2). On appeal, the State contends that the trial court erred in dismissing the indictment with prejudice because defendant failed to show that the refiling of the indictment would deny him due process.

On April 20, 1987, defendant was charged by a two-count complaint with burglary and possession of burglary tools.…