People v. Schmidt 

Illinois Appellate Court
Criminal Court
Criminal Law
Citation
Case Number: 
No. 3-08-1037
Decision Date: 
Wednesday, October 27, 2010
District: 
3d Dist.
Division/County: 
Hancock Co.
Holding: 
Affirmed in part and vacated in part; remanded with directions.
Justice: 
SCHMIDT
Defendant was convicted, after jury trial, of numerous charges related to possession and use of methamphetamine and precursor, as Defendant was found to have several items used for manufacturing methamphetamine. Defendant, and the front seat of his pickup truck, were covered with a white powder when he was arrested. Methamphetamine Control and Community Protection Act's proscription against using vehicles to bring about a violation of the Act is reasonably related to Act's purpose of stopping the manufacture and distribution of the drug in Illinois. The Act does not encourage arbitrary enforcement and is not overbroad. Defendant's conviction for possession of methamphetamine is vacated, as all elements of that offense are included in conviction for unlawful use of property. Conviction for possession of precursor is not a lesser-included offense of unlawful use of property conviction, as the two convictions are unrelated, and none of the elements of the possession of precursor conviction were foundational to the unlawful use of property conviction. (CARTER and O'BRIEN, concurring.)