Illinois Supreme Court
Criminal Court
Delivery of a Controlled Substance
Defendant was convicted, after bench trial, of possession of 1 to 15 grams of heroin with intent to deliver within 1000 feet of a school. Status of building as a school could be inferred from testimony of 2 officers with demonstrated familiarity with the area, including to know that the name of the school had changed, due to their having worked in the area for years. Assessment of public defender reimbursement fee did not comply with 725 ILCS 5/113-3.1(a), as court did not consider Defendant's financial circumstances and did not obtain a financial affidavit. Remanded for a proper hearing on that issue. (KARMEIER, FREEMAN, THOMAS, KILBRIDE, BURKE, and THEIS, concurring.)