People v. Manning
Decision Date | 23 March 1978 |
Docket Number | No. 49571,49571 |
Citation | 15 Ill.Dec. 765,71 Ill.2d 132,374 N.E.2d 200 |
Parties | , 15 Ill.Dec. 765 The PEOPLE of the State of Illinois, Appellant, v. Richard MANNING, Appellee. |
Court | Illinois Supreme Court |
William J. Scott, Atty. Gen., Springfield, and Edward Petka, State's Atty., Joliet , for the People.
Robert J. Agostinelli, Deputy State Appellate Defender, and Michael J. Pelletier, Asst. State Appellate Defender, Ottawa, for appellee.
In a jury trial in the circuit court of Will County, defendant, Richard Manning, was convicted of one count of burglary (Ill.Rev.Stat.1973, ch. 38, par. 19-1(a)) and two counts of possession of controlled substances (Ill.Rev.Stat.1973, ch. 561/2, par. 1402(a)(5) (barbituric acid); par. 1402(a) (6) (amphetamine)). He was sentenced to concurrent terms of not less than four nor more than eight years on each of the convictions for possession and not less than one year nor more than five years for the burglary. The appellate court affirmed the judgment of conviction for unlawful possession of amphetamine, but vacated the convictions for burglary and possession of barbituric acid. (46 Ill.App.3d 877, 5 Ill.Dec. 231, 361 N.E.2d 370.) We allowed the People's petition for leave to appeal.
Officers of the Joliet Police Department, responding to a call concerning a possible burglary in progress, arrested defendant inside a drug store. When searched, he was found to be in possession of an assortment of pharmaceutical pills and capsules, later determined to include 343.8 grams of amphetamines and 240.3 grams of barbiturates.
The opinion of the appellate court was filed prior to our decision in People v. King (1977), 66 Ill.2d 551, 6 Ill.Dec. 891, 363 N.E.2d 838. Although contending that they were closely related, defendant concedes that the acts of burglary and possession of controlled substances were separate acts and that burglary is not a lesser included offense of possession of a controlled substance. People v. King is clearly applicable, and accordingly that portion of the appellate court judgment vacating the conviction for burglary is reversed.
The People contend that the appellate court erred in vacating the judgment of conviction on one count of possession. Citing People v. Harris (1972), 52 Ill.2d 558, 288 N.E.2d 385, they argue that defendant's knowledge of the nature of the drugs in his possession can clearly be inferred from the evidence and that in knowingly possessing two types of controlled substances he committed two separate offenses of possession. It is the defendant's contention that the possession of both controlled substances arose out of a single act of possession and that the appellate court correctly vacated the judgment on the one count. Section 402 of the Illinois Controlled Substances Act in pertinent part provides:
"Except as otherwise authorized by this Act, it is unlawful for any person knowingly to possess a controlled substance. Any person who violates this Section with respect to:
(a) the following controlled substances and amounts, notwithstanding any of the provisions of subsections (b) or (c) to the contrary, is guilty of a Class 1 felony * * *.
(5) 200 grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(6) 200 grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine; * * *. " Ill.Rev.Stat.1973, ch. 561/2, par. 1402(a).
The Illinois Controlled Substances Act, for the most part, contains the provisions of the Uniform Controlled Substances Act. Although this court has not previously considered the question whether under section 402 of the Controlled Substances Act the simultaneous possession of more than one of the controlled substances enumerated would constitute separate offenses, the question has been considered in other jurisdictions with similar statutes.
In Braden v. United States (8th Cir. 1920), 270 F. 441, the defendant was charged in four counts and convicted of the possession of morphine sulphate, cocaine, heroin, and smoking opium, all of which were found in one search of his residence. The Circuit Court of Appeals for the Eighth Circuit, in reversing the convictions on three of the four counts, stated: 270 F. 441, 443-44.
Also analogous are Bell v. United States (1955), 349 U.S. 81, 75 S.Ct. 620, 99 L.Ed. 905, and Castle v. United States (1961), 368 U.S. 13, 82 S.Ct. 123, 7 L.Ed.2d 75. In Bell the defendant pleaded guilty to two counts charging violations of the Mann Act (18 U.S.C. sec. 2421), each referring to a different woman. The transportation was effected in the same vehicle, on the same trip. The trial court imposed consecutive sentences and the court of appeals affirmed ((6th Cir. 1954), 213 F.2d 629). The Supreme Court reversed, stating that "if Congress does not fix the punishment for a federal offense clearly and without ambiguity, doubt will be resolved against turning a single transaction into multiple...
To continue reading
Request your trial-
Vogel v. State
...which occurred at one time and in one place, cannot be the basis for multiple offenses." See also, People v. Manning, 71 Ill.2d 132, 15 Ill.Dec. 765, 374 N.E.2d 200 (1978); State v. Homer, 22 Or.App. 328, 538 P.2d 945 It is apparently the State's argument, however, that because appellants w......
-
People v. Whitmer
...87, 997 P.2d 13, and cited with approval in State v. Shimabukuro (2002) 100 Hawai‘i 324, 327, 60 P.3d 274, 277 ; People v. Manning (1978) 71 Ill.2d 132, 137, 374 N.E.2d 200, 202 ; State v. Muhlenbruch (Iowa 2007) 728 N.W.2d 212, 216 ; State v. King (2013) 297 Kan. 955, 971, 305 P.3d 641, 65......
-
State v. Zaccagnini
... ... On September 9, 1981, Ronald "Frog" Burroughs, who was acquainted with the defendant, entered the People's General Store in Fairmont which was operated by the defendant and purchased three sheets ... Page 134 ... of LSD stamps from the defendant ... denied, 400 U.S. 960, 91 S.Ct. 361, 27 L.Ed.2d 269; Pitts v. State, 256 Ark. 693, 509 S.W.2d 809 (1974); People v. Manning, 71 Ill.2d 132, 15 Ill.Dec. 765, 374 N.E.2d 200 (1978); State v. Butler, 112 N.J.Super. 305, 271 A.2d 17 (1970) ... Certainly, we ... ...
-
People v. Whitmer
...87, 997 P.2d 13, and cited with approval in State v. Shimabukuro (2002) 100 Hawai‘i 324, 327, 60 P.3d 274, 277;People v. Manning (1978) 71 Ill.2d 132, 137, 374 N.E.2d 200, 202;State v. Muhlenbruch (Iowa 2007) 728 N.W.2d 212, 216;State v. King (2013) 297 Kan. 955, 971, 305 P.3d 641, 654;Mile......