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Delivery of a Controlled Substance | 4th Dist.

Posted by Daniel Herbert DUI/Criminal Defense

Defendant was convicted, after jury trial, of unlawful delivery of a controlled substance within 10,000 feet of a church. State proved beyond a reasonable doubt that there was a church, and that it was functioning as it purported to be, at the location in question at the time of the offense. Detective identified the property in question as First Christian Church and testified that he had personal knowledge and familiarity with the area, and that there was signage with the name of a church, and a cross and a goblet, and that the lantern by the front doors was lit, the grass was mowed, and cars were seen coming and going from the parking lot.(KARMEIER, THOMAS, KILBRIDE, and GARMAN, concurring; BURKE and NEVILLE, dissenting.)

People v. Newton, 2018 IL 122958 (October 18, 2018) McLean Co. (THEIS) Appellate court affirmed.

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