Can a Trial Judge Declare a Mistrial If Jury Does Not Reach Verdict After Giving Defendant Opportunity to Object ?

In People v. Escobar, 168 Ill. App. 3d 30, 522 N.E.2d 191, 118 Ill. Dec. 736 (1988), the trial judge declared a mistrial because the jury was unable to reach a verdict. Escobar, 168 Ill. App. 3d at 36. The defendant argued that he did not have an opportunity to make a timely objection to the mistrial. Escobar, 168 Ill. App. 3d at 39. Rather, the trial court sua sponte declared the mistrial and, immediately after the declaration, ordered a recess before defense counsel could make any objections. Escobar, 168 Ill. App. 3d at 39. Nonetheless, the reviewing court determined that defense counsel had ample time to raise a double jeopardy objection before the trial judge declared a mistrial. Escobar, 168 Ill. App. 3d at 39. Before the jury was called into the courtroom, the trial judge stated that he was going to declare a mistrial. Escobar, 168 Ill. App. 3d at 39. The jurors were then brought out. Escobar, 168 Ill. App. 3d at 39. The trial judge then declared a mistrial. Escobar, 168 Ill. App. 3d at 39. The reviewing court determined that defense counsel could have raised his double jeopardy objection during this interval. Escobar, 168 Ill. App. 3d at 39. As such, the reviewing court concluded that the defendant's conduct constituted acquiescence to the mistrial. Escobar, 168 Ill. App. 3d at 39.