People v. Boykin, 2013 IL App (1st) 112696

Defendant Randall Boykin was convicted at bench trial of unlawful delivery of a controlled substance within 1,000 feet of a school and sentenced to two years’ felony probation.
On appeal, Boykin challenges only whether the State proved the offense occurred within 1,000 feet of a school to justify the enhancement; guilt under 401(d) is not disputed.
Evidence showed a December 11, 2008 cocaine sale to an undercover officer at the intersection of 79th Street and Jeffrey Boulevard in Chicago.
The officers testified a school named ‘Our Lady of Peace’ stood approximately 100 feet from the sale location, with a sign on the building.
The trial court found the officers credible and convicted based on the 1,000-feet enhancement; the defense argues the building’s status as a school on that date was not proven.
The court ultimately reverses the 1,000-foot enhancement but affirms the underlying 401(d) conviction and remands for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the State proved the offense occurred within 1,000 feet of a school	State argued the witnesses’ credible testimony established proximity to a school.	Boykin contends no evidence shows the building was an active school on the date.	Enhancement reversed; underlying conviction affirmed; remanded for resentencing

People v. Ortiz, 2012 IL App (2d) 101261 (Ill. App. 2d 2012) (insufficient to prove active status without temporal evidence)
People v. Cadena, 2013 IL App (2d) 120285 (Ill. App. 2d 2013) (requires demonstration of active status with temporal context)
People v. Morgan, 301 Ill. App. 3d 1026 (Ill. App. 3d 1998) (demonstrates need for personal knowledge about enhancing location)
People v. Goldstein, 204 Ill. App. 3d 1041 (Ill. App. 3d 1990) (defines meaning of 'school' under the Act)
People v. Young, 2011 IL 111886 (Ill. 2011) (settled meaning of 'school' includes various educational institutions)