PEOPLE v. CADENA

Attorney(s) appearing for the Case

Thomas A. Lilien and Paul Alexander Rogers , both of State Appellate Defender's Office, of Elgin, for appellant.

Michelle J. Courier , State's Attorney, of Belvidere ( Lawrence M. Bauer and Colleen P. Price , both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

¶ 1 Following a jury trial in the circuit court of Boone County in which he was convicted of unlawful deliveries and unlawful possession of a controlled substance within 1,000 feet of a church (720 ILCS 570/401(c)(2), 407(b)(1) (West 2008)), defendant, Sergio Cadena, appeals his convictions. Defendant contends that the State presented insufficient evidence from which the jury could determine that the nearby Evangelical Covenant Church was a "church" on the dates of the offenses and under the meaning of section 407(b)(1) of the Illinois Controlled Substances Act (Act) (720 ILCS 570/407(b)(1) (West 2008)). We agree, and we affirm as modified in part, reverse in part, and remand the cause for resentencing.