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PEOPLE v. PORTER

No. 1-92-1388.

614 N.E.2d 1251 (1992)

247 Ill.App.3d 597

185 Ill.Dec. 566

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Derrick PORTER, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

October 9, 1992.

Attorney(s) appearing for the Case

Jack O'Malley, State's Atty., County of Cook, Chicago (Renee Goldfarb, Theodore F. Burtzos, Asst. State's Attys., Michele I. Lavin, Sp. Asst. State's Atty., of counsel), for plaintiff-appellant.

Geary W. Kull, Daniel T. Coyne, Chicago, for defendant-appellee.

Justice MURRAY delivered the opinion of the court:

On February 20, 1992, the trial court allowed the defendant's motion to dismiss based upon double jeopardy grounds. The State filed a motion to reconsider, and that motion was subsequently denied. The State filed this timely appeal. The facts are as follows.

On October 18, 1988, the defendant, Derrick Porter (Porter) was convicted of the murder of Willie Bibbs by a jury requested by the State. On June 6, 1990...

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