2016 IL App (4th) 160061
Ill. App. Ct.2017Background
- In Feb 2012 Staple was charged in Vermilion County with two counts of aggravated DUI (felonies) arising from the same incident that generated traffic citations including a Class A misdemeanor DUI.
- Staple failed to appear originally; an arrest warrant remained outstanding until his Dec 2015 arrest on new traffic charges.
- At the Dec 7, 2015 arraignment the court acknowledged both the felony case (set for preliminary hearing Dec 31) and the misdemeanor traffic case; the prosecutor elected to keep the cases separate.
- On Dec 17, 2015 Staple pleaded guilty to the misdemeanor DUI (case No. 12-DT-19) and was sentenced; the State stipulated the felony counts arose from the same conduct.
- On Dec 18 Staple moved to dismiss the pending felony indictment (case No. 12-CF-74) as barred by double jeopardy; the trial court granted the motion.
- The State appealed; the appellate court reversed, holding double jeopardy did not bar prosecution of the pending felony counts and that the related statutory joinder provision did not prevent the prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether double jeopardy bars prosecution of pending felony aggravated-DUI charges after the defendant pleaded guilty to a lesser-included misdemeanor arising from the same conduct | The State: double jeopardy does not bar continuing the pending felony prosecution because charges were pending, defendant knew of them, and permitting dismissal would allow defendants to evade prosecution (relying on Johnson) | Staple: plea to the lesser-included misdemeanor attached jeopardy and, under same-elements test, bars prosecution of the greater felony (multiple punishment/second-prosecution protections) | Reversed trial court: double jeopardy does not bar the pending felony prosecution; defendant knew charges were pending and the plea to the misdemeanor does not operate to preclude prosecution of the greater offenses. Statutory joinder (720 ILCS 5/3-4(b)(1)) likewise does not bar prosecution. |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (same-elements test for lesser-included offenses)
- Ohio v. Johnson, 467 U.S. 493 (plea to lesser while greater charges pending does not bar trial on the greater charges)
- Brown v. Ohio, 432 U.S. 161 (bars prosecution for greater offense when subsequent indictment follows conviction for lesser same-offense—finality/implications distinguished)
- Green v. United States, 355 U.S. 184 (double jeopardy and protections against ongoing anxiety from repeated prosecutions)
- Jeffers v. United States, 432 U.S. 137 (defendant’s awareness and request for separate proceedings relevant to double jeopardy claim)
- People v. Brener, 357 Ill. App. 3d 868 (distinguishable multi-county DUI plea that was held to bar later prosecution)
- People v. Price, 369 Ill. App. 3d 395 (holding State may proceed on pending charges after open plea to related offense)
- People v. McCutcheon, 68 Ill. 2d 101 (guilty plea to lesser is not an acquittal of the greater)