People v. Zarbock

Defendant appealed from his conviction for unlawful possession of a controlled substance on the basis of legal accountability, arguing that it was not a lesser included offense of drug-induced homicide. The appellate court agreed, finding that defendant did not have sufficient notice of the victim’s unlawful possession of heroin and, as a result, her possession was not a lesser included offense of drug-induced homicide under the charging-instrument approach and that the indictment needed to allege more facts from which it could be reasonably inferred that he was responsible for the unlawful possession. (HUDSON and BIRKETT, concurring)