Defendant was convicted, after jury trial, of possession of a controlled substance with intent to deliver and possession of cannabis with intent to deliver. Totality of evidence as to Defendant's constructive possession of cannabis found in bedroom was closely balanced. Court failed to expressly ask prospective jurors whether they both understood and accepted the principles set forth in Rule 431(b), and thus error is reversible as to cannabis possession, as evidence on that count was closely balanced. Evidence was not closely balanced as to other count; officer testified that Defendant dropped a plastic bag of suspect cocaine in vestibule outside apartment, and upon testing substance was found to be rock cocaine. (CUNNINGHAM and CONNORS, concurring.)
Illinois Appellate Court
Criminal Court
Possession of a Controlled Substance