People v. Sims, 9 N.E.3d 621

Defendant Jerry Sims was convicted on four counts of unlawful delivery of a controlled substance, including two within 1,000 feet of a church (Counts I and III) and two not within the proximity (Counts II and IV); sentences were 22 years concurrent for the I and III offenses.
The charged church is located at 411 East Mulberry Street in Bloomington; the building’s identity and use on the dates of the offenses became central to the section 407(b)(2) analysis.
Evidence included two controlled purchases by confidential informant Theresa Hall under surveillance, and an unduly admitted custodial statement by Sims during an interview that followed an arrest.
A Krankel hearing on remand found no basis to appoint new counsel for posttrial ineffective-assistance claims, and the trial court denied further relief; Sims appealed.
The appellate court affirmed, holding the evidence supported the church-use finding, the statute was not unconstitutionally vague as applied, ineffective-assistance claims lacked prejudice, and no manifest error required new counsel or suppression relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ineffective assistance claims lacked prejudice.	Sims argues trial counsel’s failure to file suppression prejudiced outcome.	McEldowney’s performance was deficient leading to exclusion of custodial statement.	No prejudice established; verdicts upheld.
Whether § 407(b)(2) is unconstitutionally vague as applied.	Sims contends building was not shown to be used primarily for worship.	Statute vague without objective proof of use.	Not vague as applied; testimony sufficed.
Whether the State proved the building at 411 East Mulberry Street was used primarily for religious worship on the dates in question.	Evidence showed the building functioning as a church.	Nomenclature alone or weak foundation; insufficient proof.	Rational trier of fact could conclude primary use as a church.
Whether the Krankel remand required appointment of new counsel for ineffective-assistance claims.	New counsel should have been appointed.	Possible neglect warranted new counsel; warrants review.	No manifest error; appointment not required.

People v. Krankel, 102 Ill. 2d 181 (Ill. 1984) (established the Krankel procedure for pro se posttrial claims of ineffective assistance)
People v. Foster, 354 Ill. App. 3d 564 (Ill. App. 4th Dist. 2004) (nomenclature alone can prove church use under 407(b)(2))
People v. Cadena, 2013 IL App (2d) 120285 (Ill. App. 2d 2013) (holds nomenclature alone insufficient without foundation of use)
People v. Boykin, 2013 IL App (1st) 112696 (Ill. App. 1st Dist. 2013) (cadence requiring foundation for church-use proof)
People v. Fabing, 143 Ill. 2d 48 (Ill. 1991) (vague-application test for animal/structure cases)
State v. Morgan, 301 Ill. App. 3d 1026 (Ill. App. 1998) (limits on officer familiarity as proof of location use)
In re Barbara H., 183 Ill. 2d 482 (Ill. 1998) (avoidance of constitutional questions if case can be decided on other grounds)