People v. Bagley

The State charged defendant, Joseph Bagley, with driving under the influence of alcohol (625 ILCS 5/11 — 501(a)(1), (a)(2) (West Supp. 1999)). After the jury was sworn but before the first witness was called, the State located a videotape of defendant’s arrest that was believed to be lost. The trial court sua sponte declared a mistrial and scheduled a new trial. Defendant appeals from the denial of his motion to dismiss on double jeopardy grounds. We affirm.

The State commenced the prosecution on November 22, 1999. On April 19, 2000, defendant sought a dismissal or alternatively some other…