People v. Fickes, 2017 IL App (5th) 140300

Michael Fickes was tried by jury on multiple counts arising from methamphetamine manufacturing at a Vandalia residence; relevant counts included aggravated participation in methamphetamine manufacturing (enhanced because the manufacture allegedly occurred within 1,000 feet of St. James Lutheran Church).
At trial officers testified the distance from the residence to “St. James Lutheran Church” was about 111 feet (measured with a wheel); neither officer testified that the building was functioning as a place of worship on the date of the offense.
The jury convicted Fickes of aggravated participation in methamphetamine manufacturing, participation in methamphetamine manufacturing, unlawful possession of manufacturing materials, and unlawful disposal of manufacturing waste; some counts were later merged for sentencing.
At sentencing the court imposed 35 years (75%) on the aggravated participation count; Fickes appealed, challenging the sufficiency of the evidence for the aggravated enhancement because the State failed to prove the church was operating as a place of worship on the offense date.
The appellate majority held the State did not present adequate evidence to prove the temporal element (that the building was functioning primarily as a place of worship on the date of the offense) and reduced the aggravated conviction to simple participation, remanding for resentencing on that count. Justice Welch dissented as to that reduction.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Fickes)	Held
Sufficiency of evidence to support aggravated participation based on proximity to a place of worship	Officer testimony of the building’s identity and measured distance, plus references to the church and locality, permitted a reasonable inference the building was a functioning place of worship on the offense date	State failed to prove the temporal element — no testimony that the building functioned as a place of worship on the date of the offense; any inference would be speculation	Reversed enhancement: insufficient evidence of temporal element; aggravated conviction reduced to simple participation and remanded for resentencing

Jackson v. Virginia, 443 U.S. 307 (establishes the legal standard for sufficiency of the evidence review)
People v. Foster, 354 Ill. App. 3d 564 (Ill. App. Ct. 2004) (upheld enhancement where parties stipulated and name included “church”)
People v. Falbe, 189 Ill. 2d 635 (Ill. 2000) (discusses vulnerability of places of worship and legitimacy of proximity-based enhancements)
People v. Carter, 228 Ill. App. 3d 526 (Ill. App. Ct. 1992) (observations on accessibility and vulnerability of places of worship)
People v. Sparks, 335 Ill. App. 3d 249 (Ill. App. Ct. 2002) (no requirement that services be in session to qualify as a place of worship)