People v. Miller

Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance
Citation
Case Number: 
2018 IL App (1st) 152967
Decision Date: 
Friday, June 29, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div,
Holding: 
Affirmed in part and vacated in part.
Justice: 
MASON

Defendant was convicted, after bench trial, of possession of a controlled substance. Officer saw Defendant crouched down near entrance to an abandoned building, and after Defendant ran, officer pursued him and took him into custody.There was evidence from which a rational trier of fact could have found that Defendant possessed the baggies of heroin based on witness testimony that Defendant had something in his hand as he reached behind the stairs, and he did not have anything in his hand as he ran away, and 9 baggies of suspect heroin were recovered from behind the stairs. (HYMAN, concurring; PUCINSKI, specially concurring.)