People v. Levan
Case Date: 11/15/1996
Court: 3rd District Appellate
Docket No: 3-95-0607
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_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 1996 THE PEOPLE OF THE STATE ) Appeal from the Circuit Court OF ILLINOIS, ) of the 10th Judicial Circuit, ) Peoria County, Illinois Plaintiff-Appellee, ) ) v. ) No. 94--CF--287 ) MICHAEL J. LEVAN, ) Honorable ) Robert Manning Defendant-Appellant. ) Judge, Presiding _________________________________________________________________ JUSTICE SLATER delivered the opinion of the court: _________________________________________________________________ The defendant, Michael Levan, was charged with theft. 720 ILCS 5/16--1 (West 1994). He moved to dismiss on the ground of double jeopardy. The trial court denied the motion, and the defendant was later convicted. On appeal, the defendant argues that the charge should have been dismissed. We reverse. The record shows that on March 18, 1994, the defendant was charged in Illinois with theft. The Illinois charge alleged that on March 4, 1994, the defendant unlawfully obtained control over some Tiffany lamps in Peoria County. On March 24, 1994, the defendant was charged with theft in Arizona. The Arizona charge alleged that from March 14 to March 17, 1994, the defendant unlawfully controlled two Tiffany lamps while in Maricopa County, Arizona. On November 22, 1994, the defendant pled guilty in Arizona to attempted theft of the lamps and was sentenced to 3 |