People v. Brener6/1/2005
On July 25, 2003, a Jo Daviess County grand jury indicted defendant, Thomas M. Brener, on two counts of aggravated driving under the influence of alcohol (625 ILCS 5/11--501(d)(1)(C) (West 2002)). On April 20, 2004, the trial court dismissed the charges as violations of defendant's right against 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 to defendant's truck. Defendant, who had been drinking alcohol, then entered his truck and drove off to search for his brother's broken-down motorcycle. Unbeknownst to defendant, he ran over his sister with the trailer, causing her serious injuries.
Defendant's approximately one-hour quest for the disabled bike led him through three counties without stopping. When he arrived in Winnebago County via U.S. Route 20, defendant pulled into a mobile home park, where he turned around because he could not find the motorcycle. After continuing his search along Route 20 in vain, defendant entered the parking lot of the Illinois State Police 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 alternative counts 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 counts of aggravated driving under the influence of alcohol, arising from the accident that caused serious injuries 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 driving under 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, the State filed its notice of appeal.
II. ANALYSIS
On appeal, the State argues that the trial court erred in dismissing the case on the ground of double jeopardy, because defendant's actions were not one continuous act. Generally, abuse of discretion is the appropriate standard for reviewing a trial court's ultimate ruling on a motion to dismiss 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 a purely 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 the circuit court's decision de novo.
The State presents the question of whether defendant's actions constitute one continuous act for the purposes of double jeopardy. The prohibition against double jeopardy, as afforded to the citizens of this state by the Illinois Constitution (Ill. Const. 1970, art. I §10) and the fifth and the fourteenth amendments to the United States Constitution (U.S. Const., amends. V, XIV), protects against multiple punishments for the same offense. People v. Sienkiewicz, 208 Ill. 2d 1, 4 (2003). To properly examine potential violations of the Illinois double-jeopardy clause, we must apply the Blockburger same-elements test. Sienkiewicz, 208 Ill. 2d at 4-5, citing Blockburger v. United States, 284 U.S. 299, 76 L.Ed. 306, 52 S.Ct. 180 (1932). Under Blockburger, the p
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