Appeal from the Circuit Court of Cook County. No. 02 MC1 290300 Honorable James P. McCarthy, Judge Presiding.
The opinion of the court was delivered by: Justice Hall
Pursuant to Supreme Court Rule 604(f) (188 Ill. 2d R. 604(f)), the defendant, Richard R. Rothman, appeals the denial of his motion to dismiss based on double jeopardy grounds. We affirm and remand this case to the circuit court for further proceedings.
The facts of this case are not in dispute.
The defendant was charged with battery. The battery complaint alleged that on May 6, 2002, the defendant "INTENTIONALLY, WITHOUT JUSTIFICATION, MADE PHYSICAL CONTACT OF A PROVOKING NATURE WITH ERIC C. PATT BY HITTING ERIC PATT ONCE IN THE BACK OF HIS HEAD WITH HIS FIST.
On August 22, 2002, the State filed a petition for rule to show cause against the defendant in Gran-Oak Condominium Ass'n, Inc. v. Atiliano Bondoc (No. 10 M1 720548). The petition alleged as follows.
On May 6, 2002, the defendant appeared before Circuit Court Judge Sheldon Garber on a motion to vacate a previously entered dismissal order and requested a continuance of his motion. Attorney Eric C. Patt informed Judge Garber that the defendant was not authorized to practice law due to a suspension of his law license and that there was no motion to vacate the dismissal order attached to the notice of motion. The defendant informed Judge Garber that he was appealing his suspension in federal court, but that, due to his suspension, he could not write the motion. Judge Garber denied the motion and called the next case. As Mr. Patt was leaving the courtroom, the defendant struck Mr. Patt on the back of the head.
Judge Garber ordered the courtroom deputy to bring the defendant back into the courtroom and to place him in the jury room. While in the custody of the deputy, the defendant escaped but was subsequently apprehended by Cook County sheriff's police and the Chicago police.
The petition sought a finding, based on the above facts, that the defendant's conduct was willful and contumacious and requested that the defendant be fined or otherwise sanctioned.
On October 28, 2002, the defendant stipulated to the facts of the battery case and was sentenced to six months' court supervision with certain attendant conditions.
On November 14, 2002, the defendant filed a motion to dismiss the petition for rule to show cause on double jeopardy grounds. On November 19, 2002, Circuit Court Judge James P. McCarthy denied the defendant's motion. This appeal followed.
The defendant contends that the State's petition for rule to show cause is barred by his plea of ...