People v. Parker

660 N.E.2d 1296, 277 Ill. App. 3d 585, 214 Ill. Dec. 347, 1996 Ill. App. LEXIS 20
CourtAppellate Court of Illinois
DecidedJanuary 25, 1996
DocketNo. 4-94-0402
StatusPublished
Cited by3 cases

This text of 660 N.E.2d 1296 (People v. Parker) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Parker, 660 N.E.2d 1296, 277 Ill. App. 3d 585, 214 Ill. Dec. 347, 1996 Ill. App. LEXIS 20 (Ill. Ct. App. 1996).

Opinion

JUSTICE GARMAN

delivered the opinion of the court:

Following a jury trial in the circuit court of Adams County, defendant Nathaniel Parker, Sr., was convicted of unlawful possession of a controlled substance (720 ILCS 570/402 (West 1992)) and permitting the unlawful use of a building (720 ILCS 570/406.1 (West 1992)). The court sentenced him to four years’ imprisonment on each count, with the sentences to run concurrently. Defendant now appeals his conviction for permitting the unlawful use of a building, arguing the statute is unconstitutional and he was not proved guilty beyond a reasonable doubt. We affirm defendant’s conviction.

In the late evening hours of September 14, 1993, members of the police department conducted a drug raid at a residence located at 832 North 11th Street in Quincy, Illinois. Defendant was present at the time, along with his girlfriend, Holly Scott, their two children, and several other people, including Eddie McKee. A pat-down search of defendant revealed a homemade pipe in his front pants pocket used for smoking crack cocaine. In what appeared to be a child’s bedroom, police discovered eight small bags of cocaine hidden in a mattress. The police also discovered several pieces of mail addressed to defendant at 832 North 11th Street.

Defendant and Scott were arrested and charged with unlawful possession of a controlled substance and permitting the unlawful use of a building. Holly entered into a plea agreement with the State in which she pleaded guilty to permitting the unlawful use of a building in exchange for her testimony at defendant’s trial. Defendant’s trial was held on March 17, 1994.

At trial, Holly testified that defendant lived with her at 832 North 11th Street on the date of the drug raid. She also stated that her grandparents owned the home and rented it to her. She was responsible for paying the rent, while defendant worked for her grandfather’s plumbing business to pay for the utilities. Holly also testified that Eddie McKee began living at the house about three weeks before the raid. McKee sold drugs out of the house and provided Holly and defendant with drugs in exchange for staying there. However, McKee stopped supplying defendant with drugs after a week, but continued to provide them to Holly. Defendant became upset with McKee and wanted him to leave. Holly stated that she also wanted McKee out of the house. Nonetheless, McKee continued to stay at the house and sell drugs.

On cross-examination, Holly testified that defendant moved many of his personal belongings out of the house prior to the drug raid. However, on redirect examination, Holly stated that defendant continued to stay at the house and received his mail there, even after moving his belongings out. In her opinion, the residence at 832 North 11th Street continued to be defendant’s home.

Deputy sheriff Randy Johnson testified that he interviewed defendant after his arrest. Defendant told him that McKee had been staying at the house to deal crack cocaine. In addition, defendant told Deputy Johnson that he did not live at the house, but stayed there occasionally. However, defendant also stated that he and Holly received drugs in return for allowing McKee to stay at the house and sell drugs.

Defendant testified at trial that he had moved from the residence at 832 North 11th Street one or two months before the drug raid and lived with his cousin, Marion French. He stated that he came over occasionally to help out with the children and saw McKee at the residence, although he was not aware McKee was living there. Further, he had no control or authority to tell people to leave. However, defendant also testified that he had previously ordered several people to leave the house. On cross-examination, defendant admitted that not only did he ask Holly to throw McKee out, he personally told McKee to leave. In addition, defendant received his mail at 832 North 11th Street.

The jury found defendant guilty on both counts, and the trial court sentenced him to concurrent terms of four years’ imprisonment on each count. His timely appeal followed.

On appeal, defendant challenges his conviction for unlawful use of a building, contending (1) the statute is unconstitutionally vague; (2) the statute is unconstitutional because it is overly broad and punishes innocent conduct; (3) the statute is unconstitutional because it violates the prohibition against disproportionate sentences; and (4) he was not proved guilty beyond a reasonable doubt.

Section 406.1(a) of the Illinois Controlled Substances Act (Act) provides:

"Any person who controls any building and who performs the following act commits the offense of permitting unlawful use of a building:
Knowingly grants, permits or makes the building available for use for the purpose of unlawfully manufacturing or delivering a controlled substance.” 720 ILCS 570/406.1(a) (West 1992).

In reviewing the constitutionality of a statute, we first note that statutes are presumed constitutional and all reasonable doubts must be resolved in favor of upholding their validity. (People v. Johns (1992) , 153 Ill. 2d 436, 442, 607 N.E.2d 148, 151; People v. DePalma (1994), 256 Ill. App. 3d 206, 210, 627 N.E.2d 1236, 1239, appeal denied (1994), 156 Ill. 2d 560, 638 N.E.2d 1119.) A court will construe a statute as constitutional if it can reasonably be done. Further, the party challenging the statute has the burden of clearly establishing the constitutional violation. People v. Hickman (1994), 163 Ill. 2d 250, 257, 644 N.E.2d 1147, 1150; People v. Bales (1985), 108 Ill. 2d 182, 188, 483 N.E.2d 517, 519.

I

We first address defendant’s argument that the statute is unconstitutional for vagueness. He maintains that the language of the provision — specifically, "controls” and "grants, permits or makes the building available for use” — lacks sufficient definiteness to inform an individual what conduct is prohibited.

Due process requires that a statute provide sufficiently definite standards for law enforcement officers and fact finders so that its application does not depend on private conceptions. (Hickman, 163 Ill. 2d at 256, 644 N.E.2d at 1150; People v. Fabing (1991), 143 Ill. 2d 48, 53, 570 N.E.2d 329, 332.) However, neither the United States nor the Illinois Constitution requires absolute certainty. (People v. Wawczak (1985), 109 Ill. 2d 244, 248-49, 486 N.E.2d 45, 48.) A statute is measured by common understanding and practices and is not unconstitutionally vague if it gives a person of ordinary intelligence reasonable opportunity to know what conduct is unlawful. People v. Haywood (1987), 118 Ill. 2d 263, 269, 515 N.E.2d 911, 913; People v. Bowen (1993) , 241 Ill. App.

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Bluebook (online)
660 N.E.2d 1296, 277 Ill. App. 3d 585, 214 Ill. Dec. 347, 1996 Ill. App. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parker-illappct-1996.