PEOPLE v. BROOKHOUSE

No. 3-96-0895.

682 N.E.2d 1200 (1997)

289 Ill. App.3d 1079

225 Ill.Dec. 123

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Anthony BROOKHOUSE, Defendant-Appellant.

Appellate Court of Illinois, Third District.

July 10, 1997.


Attorney(s) appearing for the Case

James J. Cutrone (argued), Chicago, for Anthony F. Brookhouse.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, James Glasgow, Will County State's Attorney, Joliet, Gary F. Gnidovec (argued), State's Attorneys Appellate Prosecutor, Ottawa, for the People.


Justice SLATER delivered the opinion of the court:

This case presents the question of whether a defendant who is in constructive possession of a controlled substance in two different locations has committed one or two offenses? We find that, under the facts of this case, the defendant has committed two offenses.

The facts are not in dispute. On March 3, 1995, the police obtained a search warrant authorizing a search of the defendant, Anthony Brookhouse, and...

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