People v. Toliver

(Court opinion corrected 12/2/16.) Defendant was found guilty of unlawful possession of a controlled substance with intent to deliver within 1000 feet of a school. On appeal, Defendant argued that the State had to prove not only that the offense occurred within 1000 feet of a school, but also that the building was used as a school on the date of the offense. State is not required to prove that a school is active or operational. Whether closed to students, temporarily or permanently, the structure still exists as a school building to draw neighborhood children to its premises. (NEVILLE, concurring; PIERCE, dissenting.)