No. 2--04--0411
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
| THE PEOPLE OF THE STATE | ) | Appeal from the Circuit Court |
| OF ILLINOIS, | ) | of Jo Daviess County. |
| ) | ||
| Plaintiff-Appellant, | ) | |
| ) | ||
| v. | ) | No. 03--CF--64 |
| ) | ||
| THOMAS M. BRENER, | ) | Honorable |
| ) | William A. Kelly, | |
| Defendant-Appellee. | ) | Judge, Presiding. |
JUSTICE BOWMAN delivered the opinion of the court:
On July 25, 2003, a Jo Daviess County grand jury indicted defendant, Thomas M. Brener, ontwo counts of aggravated driving under the influence of alcohol (625 ILCS 5/11--501(d)(1)(C) (West2002)). On April 20, 2004, the trial court dismissed the charges as violations of defendant's rightagainst double jeopardy. The State appeals. We affirm.
I. BACKGROUND
In Jo Daviess County, on June 26, 2003, defendant and his sister hooked up a trailer todefendant's truck. Defendant, who had been drinking alcohol, then entered his truck and drove offto search for his brother's broken-down motorcycle. Unbeknownst to defendant, he ran over hissister with the trailer, causing her serious injuries.
Defendant's approximately one-hour quest for the disabled bike led him through three countieswithout stopping. When he arrived in Winnebago County via U.S. Route 20, defendant pulled intoa mobile home park, where he turned around because he could not find the motorcycle. Aftercontinuing his search along Route 20 in vain, defendant entered the parking lot of the Illinois StatePolice District 16 headquarters in order to see if the bike was at the nearby implement dealership. While in the parking lot, defendant was arrested for driving under the influence of alcohol.
In Winnebago County, defendant received traffic citations, charging him with two alternativecounts of driving under the influence of alcohol (625 ILCS 5/11--501(a)(1), (a)(2) (West 2002)). Later that same day, a Jo Daviess County information charged defendant with two alternative countsof aggravated driving under the influence of alcohol, arising from the accident that caused seriousinjuries to his sister. On July 16, 2003, defendant pleaded guilty to the Winnebago County charges. On July 25, 2003, the Jo Daviess County grand jury indicted defendant on the aggravated drivingunder the influence charges that were the subject of the earlier information. On January 29, 2004,defendant moved to dismiss those charges on the ground of double jeopardy. On April 20, 2004,after an evidentiary hearing, the circuit judge granted the motion to dismiss. On April 23, 2004, theState filed its notice of appeal.
II. ANALYSIS
On appeal, the State argues that the trial court erred in dismissing the case on the ground ofdouble jeopardy, because defendant's actions were not one continuous act. Generally, abuse ofdiscretion is the appropriate standard for reviewing a trial court's ultimate ruling on a motion todismiss charges on double-jeopardy grounds. People v. Campos, 349 Ill. App. 3d 172, 175 (2004). However, where neither the facts nor the credibility of the witnesses is at issue, the issue presents apurely legal question and the standard of review is de novo. People v. Walker, 308 Ill. App. 3d 435,438 (1999). In this case, the question presented is purely a legal question, and thus we review thecircuit court's decision de novo.
The State presents the question of whether defendant's actions constitute one continuous actfor the purposes of double jeopardy. The prohibition against double jeopardy, as afforded to thecitizens of this state by the Illinois Constitution (Ill. Const. 1970, art. I