Defendant was convicted, after bench trial, of delivery of a controlled substance, less than one gram of heroin, within 1000 feet of a school, and lesser-included offense of delivery of a controlled substance. Record is devoid of evidence showing that distance between real property comprising high school and actual location in alley where delivery took place is 1000 feet or less. No evidence describes where in alley transaction occurred, and no evidence showing where investigator began his measurement. Presentation of evidence in form of stipulation does not remedy stipulation's evidentiary shortcomings. Thus, State failed to prove beyond a reasonable doubt that Defendant was guilty of delivery within 1000 feet of a school.(ROCHFORD and DELORT, concurring.)
Illinois Appellate Court
Criminal Court
Delivery of a Controlled Substance