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PEOPLE v. TOLIVER

No. 1-14-1064.

2016 IL App (1st) 141064

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARCUS TOLIVER, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

August 9, 2016.

Attorney(s) appearing for the Case

Michael J. Pelletier, Patricia Mysza, and Sharon Goott Nissim, all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez, State's Attorney, of Chicago (Alan J. Spellberg, Clare Wesolik Connolly, and Whitney Bond, Assistant State's Attorneys, of counsel), for the People.

Presiding Justice Pierce dissented, with opinion.

OPINION

¶ 1 When a drug offense takes place within 1000 feet of a school, does the State also need to establish that the structure was operating as a school at the time of the offense? Defendant Marcus Toliver contends the State failed to prove this purported element...

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