People v. Knade
2021 IL App (4th) 200651-U
| Ill. App. Ct. | 2021Background:
- May 16, 2017: police stop of a vehicle; officer smelled burnt cannabis and saw a passenger discard cannabis from the backseat.
- Officers found a pipe in the vehicle; Knade claimed the pipe and was transported to Livingston County Jail after multiple questions about contraband.
- A female officer searched Knade at the jail and found synthetic cannabis (identified as XLR‑11/FUB‑AMB) on her person.
- Knade was charged with unlawful bringing of contraband into a penal institution and unlawful possession of a controlled substance; she later pled guilty pursuant to a plea agreement with a stipulated factual basis that she knowingly possessed and brought synthetic cannabis into the jail.
- Trial court convicted Knade (possession merged into bringing contraband) and sentenced her to six years on that count (plus separate convictions and sentences in a related case); Knade later sought to withdraw her plea and appealed, arguing the conviction was void for lack of subject‑matter jurisdiction.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lacked subject‑matter jurisdiction because the facts charged did not constitute a criminal offense | The State: charging information and plea‑basis alleged Knade knowingly possessed synthetic cannabis and brought it into the jail, a prosecutable offense | Knade: the facts as pled did not constitute the offense charged, so the court lacked jurisdiction and the conviction is void | Court: conviction valid; charge falls within class of criminal matters the circuit court may hear, so subject‑matter jurisdiction existed |
| Whether Knade’s alleged arrest at or before entry into the jail (an affirmative defense under 31A‑1.1(f)) voids the conviction | The State: Knade expressly planned to assert the arrest defense but abandoned it by entering a negotiated guilty plea | Knade: she was under arrest and that affirmative defense negates the offense of bringing contraband into a penal institution | Court: defense was available but was abandoned by plea; abandonment and the valid plea preclude voiding the conviction |
Key Cases Cited
- People v. Davis, 619 N.E.2d 750 (1993) (lack of jurisdiction renders judgment void)
- People v. Castleberry, 43 N.E.3d 932 (2015) (subject‑matter jurisdiction defined by power to hear general class of case)
- People v. Guillermo, 54 N.E.3d 974 (2016) (allegation of a justiciable matter suffices to invoke circuit court jurisdiction)
- People v. Hughes, 983 N.E.2d 439 (2012) (circuit court jurisdiction over criminal matters)
- People v. Kayer, 988 N.E.2d 1097 (2013) (information failed to allege offense as defined by statute; conviction void)
- People v. McCarty, 445 N.E.2d 298 (1983) (conviction void where alleged circumstances do not constitute the offense charged)