People v. Hardman

This case presents question as to whether record contained sufficient evidence to support defendant’s conviction on charge of possession of controlled substances with intent to deliver within 1,000 feet of school, where, according to defendant, State failed to present evidence that building at issue was operating as school on date of offense. Appellate Court, in affirming defendant’s conviction, found that status of building as school was sufficiently established, where police officers who were familiar with area and had personal knowledge of area testified that subject building was operating as school on date of offense. In his petition for leave to appeal, defendant argued that officers gave only conclusory testimony that building was operating as school. He also argued that remand for hearing as to whether he owed reimbursement fee for his use of public defender was improper, since trial court had failed to consider his ability to pay, which, according to defendant, required Appellate Court to merely vacate instant $500 fee.