People v. Young
2011 IL 111886
Ill.2011Background
- Defendant Anthony Young was charged with delivery within 1,000 feet of a school under 720 ILCS 570/407(b)(2).
- The trial court admitted evidence of the preschool location where the controlled purchase occurred.
- The preschool near the crime scene was High Mountain Church and Preschool, about 443 feet from the location of the sale.
- The appellate court held that 'school' does not include preschools, reducing the conviction to simple delivery (Class 2 felony).
- The State appealed, arguing the term 'school' includes preschools; the issue is one of statutory construction, reviewed de novo.
- The court ultimately affirmed the appellate court, upholding that 'school' has a settled meaning excluding preschools.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 'school' in 407(b)(2) include preschools? | Young: preschool not included; statutory meaning limited to elementary/secondary schools. | People: preschools fall within 'school' under broader statutory purpose. | Preschool not included; term has settled meaning excluding preschools. |
Key Cases Cited
- Goldstein v. People, 204 Ill. App. 3d 1041 (1990) (defined 'school' to align with broader Public Act 84-1075)
- Owens v. People, 240 Ill. App. 3d 168 (1992) (purpose of 84-1075 to protect school environments)
- In re Marriage of O’Neill, 138 Ill. 2d 487 (1990) (settled-meaning doctrine for judicially construed terms)