People v. Johnson

Defendant was convicted, after bench trial, of unlawful use of a weapon by a felon, possession of a controlled substance, possession of cocaine, and possession of cannabis, and sentenced to 7 years. Defendant was a parolee out on MSR (Mandatory Supervised Release) at the time of the search, and thus was not afforded the usual protections from warrantless and suspicionless searches. Totality of circumstantial evidence establishes that the room searched was Defendant's room, and thus the gun, ammunition, and drugs found inside the room were properly ascribed to Defendant. Court thus did not err in denying Defendant's motion to suppress evidence. By stipulating that hydrocodone found inside the locked bedroom weighed 103.7 grams, State failed to prove Defendant guilty of possession of 200 grams of hydrocodone.Thus, Defendant's conviction for possession of a controlled substance is reduced to the lesser-included offense of possession of a controlled substance pursuant to section 402(c). Remanded for resentencing. (MIKVA and HARRIS, concurring.)