People v. Sims

Defendant was convicted, after jury trial, of unlawful delivery of controlled substance within 1,000 feet of a church. Statute for offense (Section 407(b)(2) of Controlled Substances Act) is not unconstitutionally vague as applied, as there were ways to objectively determine, prior to selling drugs, that location was a place used primarily for religious worship. Officer's testimony that he was familiar with neighborhood and that location was in use as a church on dates of offenses was sufficient to prove location was a church at relevant time. Defendant suffered no prejudice from counsel's failure to file motion to suppress his solicited statement as only purpose statement served at trial was to express what was obvious from other evidence.(TURNER and STEIGMANN, concurring.)