People v. Patel

Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance
Citation
Case Number: 
2013 IL App (4th) 121111
Decision Date: 
Wednesday, September 11, 2013
District: 
4th Dist.
Division/County: 
McLean Co.
Holding: 
Reversed.
Justice: 
POPE
Defendant was convicted, after bench trial, of unlawful delivery of a controlled substance containing synthetic cannabis. Defendant was a clerk at gas station-convenience store selling thousands of legal products . State failed to prove beyond a reasonable doubt the knowledge element of the offense. Defendant asked store owner whether product could be legally sold, and store owner told him yes. Mere suspicion that Defendant knew product was illegal is not sufficient to establish knowledge. (TURNER and HOLDER WHITE, concurring.)