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People v. Hall

Case Date: 03/10/2000
Court: 4th District Appellate
Docket No: 4-98-0597

People v. Hall, No. 4-98-0597

4th District, 10 March 2000

THE PEOPLE OF THE STATE OF ILLINOIS,

Plaintiff-Appellant,

v.

STEVEN M. HALL,

Defendant-Appellee.

 Appeal from Circuit Court of Champaign County

No. 96CF1291

Honorable John G. Townsend, Judge Presiding.

JUSTICE McCULLOUGH delivered the opinion of the court:

The State appeals the order of the circuit court of Champaign County dismissing a felony charge of aggravated battery (720 ILCS 5/12-4(b)(8) (West 1994)) brought against defendant Steven M. Hall. The dismissal was entered on remand ordered by this court (People v. Hall, 291 Ill. App. 3d 1142, 716 N.E.2d 888 (1997) (unpublished order under Supreme Court Rule 23) (No. 4-97-0111)) and was based on the trial court's finding that the State acted vindictively in the filing of the felony charge. On appeal, the State argues (1) the trial court did not apply the proper standards in determining the State was actually vindictive; and (2) applying the proper standard, defendant did not meet the burden of establishing the State was actually vindictive. We agree and reverse.

Taken with the case was the State's motion to supplement the record on appeal and defendant's objection thereto. The State seeks to supplement the record with two volumes of common law record in Champaign County case Nos. 96-DT-341 and 96-TR-13731 and a partial report of proceedings of the hearing of October 9, 1996, in case No. 96-DT-341. In the original appeal, this court allowed the State's motion to supplement the record with these documents. People v. Hall, No. 4-97-0111 (order of May 16, 1997). In addition, the State moves to supplement the record in this appeal with a copy of the report of proceedings of the February 14, 1997, hearing in the trial court on defendant's motion to dismiss, which transcript was also before this court in the earlier appeal. Accordingly, we allow the motion to supplement the record.

On July 14, 1996, defendant was arrested and charged by citation with driving a motor vehicle while having a blood-alcohol concentration of 0.10 or more (625 ILCS 5/11-501(a)(1) (West 1996)) in No. 96-DT-341 (DUI) and improper lane usage (625 ILCS 5/11-709(a) (West 1996)) in No. 96-TR-13731. The parties agree he was also arrested for a municipal offense of battery (Champaign Municipal Code