People v. Fickes

Defendant was convicted, after jury trial, for aggravated participation in methamphetamine manufacturing. Conviction reduced to simple participation in meth manufacturing. No officer testified at trial on whether the building near to where manufacturing occurred was actually a place of worship. State did not adduce sufficient evidence at trial to render reasonable the inference that the particular church nearby was functioning primarily as a place of worship.  In absence of a stipulation, State must present evidence, from witness sufficiently familiar with area in question, that supports a reasonable inference that building in question was functioning primarily as a place of worship on date of offense. (GOLDENHERSH, concurring; WELCH, concurring in part and dissenting in part.)