Criminal Law

Defendant was convicted, after bench trial, of unlawful delivery of a controlled substance. Detective testified that narcotics traffickers often do “heat runs” as countersurveillance, to find out if they are being watched by law enforcement, by taking an out-of-the-way route to an actual destination.Evidence sufficiently proved that Defendant served as a lookout while his father and brother conducted a drug transaction. Detective described how Defendant conducted a heat run, driving a circuitous route around the city with no apparent destination in mind. (BIRKETT and SPENCE, concurring.)

Defendant was convicted of burglary after bench trial. Evidence was sufficient to find Defendant guilty of burglary beyond a reasonable doubt, when evidence at trial showed that entry into the UIC telecommunications building was controlled by a key or key card and limited to UIC employees;  UIC employees testified that Defendant was not employed by UIC; and Defendant was in the building on a Sunday morning when only 3 other employees were in the building, and he was observed moving boxes and attempting to open doors. These facts were sufficient to support reasonable inference that he entered building without authority. (PIERCE, concurring; HYMAN, concurring in part and dissenting in part.)

Defendant was charged with cannabis trafficking, unlawful possession of cannabis, and unlawful possession with intent to deliver cannabis. Court properly denied Defendant’s motion to suppress evidence.Traffic stop ended before Defendant consented to search of his vehicle. Defendant had been unequivocally told he was free to leave, and remained on side of road and eventually consented, twice, allowing officer to search his vehicle. (LYTTON, concurring; McDADE, dissenting.)

Defendant was found guilty of 1 count of failing to register as a sex offender under section 3(a)(a) of Sex Offender Registration Act. State failed to prove that Defendant resided or was temporarily domiciled in Chicago, as State alleged in indictment. State was required to prove that Defendant permanently resided or was temporarily domiciled in Chicago, and that Defendant failed to register in Chicago. Statute defines place of residence or temporary domicile as any place where the defendant stays for at least 3 days. As a defendant’s duty to register is inextricably intertwined with municipality where he resides or is temporarily domicile, proof of a place or residence or temporary domicile is an essential element of offense of failing to register. (HOWSE and BURKE, concurring.)

Defendant pleaded guilty to aggravated unlawful possession of a stolen motor vehicle, unlawful possession of a stolen motor vehicle, and 4 counts of unlawful use of a credit card. Court sentenced Defendant to 10 years for aggravated unlawful possession offense, and lesser terms for others, with sentences to run concurrently. Amendment to Rule 604(d), which provides that a certificate must state that counsel consulted with Defendant about his or her contentions of error in the sentence and the entry of plea of guilty, requires, for the first time, that counsel certify that he or she has read transcript of sentencing hearing, not just of entry of plea. Amendment is procedural and thus applies retroactively.(HUDSON and McLAREN, concurring.)

Defendant was convicted, after jury trial, of failing to register his address with Section 3 of Sex Offender Registration Act. Neither the purpose nor language of Act compels requiring re-registration, and Act does not give adequate notice that such is required. Act adopts very broad definition of "fixed residence" and "place of residence or temporary domicile". Defendant reported his presence at hospital as place of residence or temporary domicile, and never intended to abandon his home address. State failed to establish a violation of Section 3 of the Act.(FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)