People v. Muffick
| Decision Date | 22 November 2019 |
| Docket Number | NO. 5-16-0388,5-16-0388 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Pamela L. MUFFICK, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
James E. Chadd, Ellen J. Curry, and Levi S. Harris, of State Appellate Defender's Office, of Mt. Vernon, for appellant.
Michael M. Havera, State's Attorney, of Taylorville (Patrick Delfino, Patrick D. Daly, and Valerie A. Ozment, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.
¶ 1 The defendant, Pamela Muffick, appeals her conviction for the offense of aggravated participation in methamphetamine manufacturing. On appeal, she argues that the State failed to prove beyond a reasonable doubt that on March 15, 2014, her residence was within 1000 feet of an operating place of worship. For the reasons that follow, we reduce the defendant's aggravated participation in methamphetamine manufacturing conviction to simple participation in methamphetamine manufacturing and remand for a new sentencing hearing on that conviction.
¶ 3 On March 15, 2014, the defendant was charged by information with one count of aggravated participation in methamphetamine manufacturing in violation of the Methamphetamine Control and Community Protection Act (Act) ( 720 ILCS 646/15(b)(1)(H) (West 2014)) where she knowingly participated in the manufacturing of a substance containing methamphetamine, and where the manufacturing occurred within 1000 feet of a church.
¶ 4 On June 22, 2016, a jury trial commenced in the circuit court of Christian County. At trial, the State produced the following evidence regarding the location of the offense in relation to the Evangelical Free Church (EFC) and St. Mary's Catholic Church (St. Mary's) and the nature of the operations at those locations at that time. First, Detective Evert Nation testified that the defendant's residence at 508 South Webster, where the offense occurred, was approximately 450 feet away from EFC. He further testified that there are, in fact, a total of four churches within 1000 feet of the residence, including St. Mary's and Nazarene church. Originally, he utilized Google Earth in measuring these distances.
¶ 5 In addition to the testimony of Detective Nation, Officer Jeffrey Brown testified to the following:
The record indicates that no other evidence regarding the operations of either purported church was offered. The jury found the defendant guilty of aggravated participation in methamphetamine manufacturing and the trial court entered judgment on that finding. The defendant appeals.
¶ 7 The defendant argues that the State failed to prove beyond a reasonable doubt that her residence was within 1000 feet of an operational place of worship or parsonage. Therefore, she contends that her conviction for aggravated participation in methamphetamine manufacturing should be reduced to simple participation in methamphetamine manufacturing and that we should remand for resentencing. In response, the State argues that there was adequate evidence adduced at trial from which the jury could infer that either the EFC and/or St. Mary's were operating primarily as places of worship on the date of the offense.
¶ 8 When an appeal raises a question as to the sufficiency of the evidence, a reviewing court must determine whether, "after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." (Emphasis in original.) Jackson v. Virginia , 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). "[I]t is not the function of a reviewing court to retry the defendant." People v. Boykin , 2013 IL App (1st) 112696, ¶ 6, 377 Ill.Dec. 49, 1 N.E.3d 936. We will not "substitute our judgment for that of the trier of fact on issues of the weight of the evidence presented or the credibility of the witnesses who testified." People v. Fickes , 2017 IL App (5th) 140300, ¶ 17, 413 Ill.Dec. 985, 79 N.E.3d 334. Therefore, we will only reverse a conviction if the evidence presented at trial was so unsatisfactory that a reasonable doubt of defendant's guilt is justified. Id.
¶ 9 At issue in this case is section 15(b)(1)(H) of the Act, which requires that "the methamphetamine manufacturing occurs within 1,000 feet of a place of worship or parsonage." 720 ILCS 646/15(b)(1)(H) (West 2014). In arguing that the State failed to meet its burden, the defendant relies on Fickes , where this court found that the evidence was insufficient to find defendant guilty of aggravated participation in methamphetamine manufacturing where the State failed to adduce sufficient evidence to render reasonable the inference that St. James Lutheran Church was functioning primarily as a place of worship at the time of the offense. Fickes , 2017 IL App (5th) 140300, ¶ 27, 413 Ill.Dec. 985, 79 N.E.3d 334. In that case, the evidence presented was in response to a question from counsel asking for an exact description of where the offense occurred. Id. ¶ 6. A Vandalia police officer testified that " " Id. He further testified that he was aware of the distance because he had personally measured with a measuring wheel the distance from the front door of the residence to the back door of the church. Id. On cross-examination, he further testified that the residence was " ‘pretty much right behind the St. James Lutheran Church.’ " Id. He also stated that the church was on the same block as, and right behind, the courthouse. Id. He used the term "church" at least two additional times in his testimony. Id. The State also called a deputy who testified that the location he was dispatched to " ‘was behind the church directly across from this building on Seventh Street.’ " Id. ¶ 7. On review, this court found that this evidence was insufficient to prove the purported church was being operated primarily as a place of worship at the time of the offense. Id. ¶ 27.
¶ 10 In People v. Cadena , 2013 IL App (2d) 120285, 373 Ill.Dec. 734, 994 N.E.2d 219, the Second District similarly ruled that the evidence adduced at trial was insufficient to establish that the charged offense occurred within 1000 feet of a church in violation of section 407(b)(1) of the Illinois Controlled Substances Act ( 720 ILCS 570/407(b)(1) (West 2008)). Cadena , 2013 IL App (2d) 120285, ¶ 1, 373 Ill.Dec. 734, 994 N.E.2d 219. It found that "the only testimony indicating that the Evangelical Covenant Church was actually being used as such on the dates of the offenses was [an officer's] affirmative response to the leading question, ‘[I]s that a church that is an active church?’ " Id. ¶ 16. It further noted that the question also lacked temporal context. Id.
¶ 11 Alternatively, in People v. Rodriguez , 2014 IL App (2d) 130148, 386 Ill.Dec. 703, 21 N.E.3d 466, the Second District found that evidence that the shooting offense charged against defendant occurred within 1000 feet of a school in violation of section 24-1.2(b) of the Criminal Code ( 720 ILCS 5/24-1.2(b) (West 2010)) was sufficient where an officer testified that he had been serving as a general patrol officer for several years prior to the offense, identified the school on an exhibit, and testified that it was currently a school where he would see school children. Rodriguez , 2014 IL App (2d) 130148, ¶ 65, 386 Ill.Dec. 703, 21 N.E.3d 466.
¶ 12 Similarly, in People v. Hardman , 2017 IL 121453, 422 Ill.Dec. 805, 104 N.E.3d 372, our supreme court found that the evidence presented by the State that defendant possessed a controlled substance with intent to deliver within 1000 feet of a school in violation of section 407(b)(1) of the Controlled Substances Act ( 720 ILCS 570/407(b)(1) (West 2012)) was sufficient where two officers testified as to their familiarity with the area and referred to the purported location as a school. Hardman , 2017 IL 121453, ¶ 45, 422 Ill.Dec. 805, 104 N.E.3d 372. The court found that the evidence therefore made reasonable the inference that...
To continue reading
Request your trial