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People v. McPherson
State: Illinois
Court: 5th District Appellate
Docket No: 5-98-0123
Case Date: 06/25/1999

People v. McPherson, No. 5-98-0123

5th District, Rule 23 Order filed June 25, 1999; Motion to publish granted August 5, 1999.



THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellee,

v.

ROGER McPHERSON,

Defendant-Appellant.

Appeal from the Circuit Court of St. Clair County.

No. 97-CF-379

Honorable Robert P. LeChien, Judge, presiding.

JUSTICE GOLDENHERSH delivered the opinion of the court:

After a jury trial, defendant, Roger McPherson, was found guilty of aggravated criminal sexual assault (see 720 ILCS 5/12-14(a)(1) (West 1996)), armed robbery (see 720 ILCS 5/18-2(a) (West 1996)), aggravated kidnapping (see 720 ILCS 5/10-2(a)(5) (West 1996)), and vehicular invasion (see 720 ILCS 5/12-11.1 (West 1996)) and was sentenced to 26 years in the Department of Corrections. Defendant appeals his convictions and raises the following issues: (1) whether defendant's second trial violated the double jeopardy clauses of the United States and Illinois Constitutions (U.S. Const., amend. V; Ill. Const. 1970, art. I,

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