People v. Tates

Defendant was convicted of possession with intent to deliver after police, while executing a search warrant, found him in a home that contained a substantial amount of drugs. Evidence was insufficient to satisfy the State’s burden of proof beyond a reasonable doubt. The only evidence the State offered was: (1) the Defendants presence in the room where drugs were in plain view; and (2) his flight from police. There was no evidence that Defendant exercised control over the premises or the contraband to prove possession, constructive or otherwise, beyond a reasonable doubt. (FITZGERALD SMITH and LAVIN, concurring.)