People v. Boykin

Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance
Citation
Case Number: 
2013 IL App (1st) 112696
Decision Date: 
Tuesday, November 12, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed in part and affirmed as modified; remanded.
Justice: 
SIMON
Defendant was convicted, after bench trial, of delivery of controlled substance within 1,000 feet of a school. Evidence was insufficient to prove beyond a reasonable doubt that building identified by officer as being a school was operating a a school as of date of offense. No evidence presented to show how officers had personal knowledge of operation of building; they did not testify that they lived in area or that they regularly patrolled there. (QUINN and PIERCE, concurring.)