People v. Wharton

A jury acquitted defendant, Joseph A. Wharton, of home invasion (720 ILCS 5/12 — 11 (West 1998)) but deadlocked on the remaining two counts, armed robbery (720 ILCS 5/18 — 2(a) (West 1998)) and residential burglary (720 ILCS 5/19 — 3(a) (West 1998)). The trial court entered a judgment of acquittal on the count of home invasion and declared a mistrial on the other two counts. Invoking collateral estoppel and double jeopardy, defendant filed a motion to bar the State from reprosecuting him for the alleged armed robbery and residential burglary. The trial court denied the motion, and, pursuant…