Background
K.B. was subject to an administrative search at her high school after a report that she had a vape device. During the search, she became hostile and took the device from a school administrator. A school resource officer intervened, and, because K.B. continued resisting, arrested her and called a second officer for assistance.
K.B. continued resisting after being handcuffed as officers took her to their office nearby. While one officer briefly left, K.B. resisted the second officer’s commands. When the first officer returned, K.B. retrieved the vape device and blew vapor in the second officer’s face. The circuit court adjudicated her delinquent on two counts of resisting arrest without violence, treating her resistance to each officer as a separate act.
The Court’s Holding
The Fifth District held that the second adjudication violated double jeopardy. Although K.B. did not raise the issue in the trial court, the court concluded that an unpreserved double-jeopardy violation is fundamental error and may be raised for the first time on appeal.
K.B.’s conduct was one continuous episode of resistance, not two separate criminal acts. The officers were engaged in a joint effort to arrest and control her; the events remained at the school, without an intervening act or temporal break; and K.B.’s intent remained consistent—to retrieve her vape device and resist the officers. The court affirmed the first adjudication, reversed the second, and remanded for the trial court to vacate it and resentence K.B.
Key Takeaways
- A double-jeopardy violation may be raised for the first time on appeal as fundamental error.
- Resistance involving multiple officers may still constitute one continuous act.
- Courts assess location, timing, intervening conduct, victims, and criminal intent in determining whether acts are separate.
Why It Matters
The decision limits multiple resisting-arrest adjudications where a defendant’s conduct is part of one uninterrupted arrest episode. The presence of different officers does not alone establish separate offenses.