People v. Miller

Illinois Appellate Court
Criminal Court
Sentencing
Citation
Case Number: 
2014 IL App (2d) 120873
Decision Date: 
Thursday, May 1, 2014
District: 
2d Dist.
Division/County: 
Stephenson Co.
Holding: 
Affirmed in part and vacated in part; remanded.
Justice: 
BIRKETT
Defendant was convicted, after bench trial, of unlawful possession of controlled substance and of drug paraphernalia, after police stopped car in which she was a passenger after telephone tip from driver, a citizen informant who gave his name and specific description of his car and location and presence of drugs in detail. Thus, details provided and confirmed by police created reasonable suspicion justifying stop. Defendant met all requirements for first-offender probation, and it is not limited to those who have pled guilty. Thus, remanded for new sentencing hearing for court to consider proper factors. (HUTCHINSON and SPENCE, concurring.)