After reading the following, I wonder if the prosecutor down in Madison County is familiar with the case that strips a judge of sentencing powers based on an individual having received court supervision on a prior DUI:
A judge has dismissed the state's attempt to reinstate a driving under the influence charge against Franklin "Mitch" Durr of Alton on the basis that a previous mistaken plea agreement remains enforceable. Associate Judge James Hackett of Madison County has ruled that prosecutors' motion to vacate the plea deal would amount to double jeopardy, which is precluded under the U.S. Constitution. Durr was charged with driving under the influence as a result of an April 22, 2008, incident in Alton. He pleaded guilty in Madison County Circuit Court to a charge of improper registration and paid a $1,000 fine in exchange for a prosecution agreement to drop the DUI charge.
Of course I think the Judge down in Madison County was right. How far back are we going to go because the government, with all of its resources, wants a Mulligan on these cases?
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