from Circuit Court of Adams County No. 14CF143 Honorable
William O. Mays, Judge Presiding.
PRESIDING JUSTICE TURNER delivered the judgment of the court,
with opinion. Justices Harris and Pope concurred in the
judgment and opinion.
1 In January 2015, defendant, Casey L. Brace, pleaded guilty
to the offense of unlawful possession of methamphetamine
precursors without a prescription while having a previous
methamphetamine conviction. In March 2015, the trial court
sentenced her to one year in prison. In April 2015, defendant
filed a motion to withdraw her guilty plea, which the court
granted. In a May 2015 stipulated bench trial, the court
found defendant guilty and reimposed the one-year sentence.
2 On appeal, defendant argues the State's evidence at her
stipulated bench trial failed to prove a necessary element of
the charged offense. We affirm.
3 I. BACKGROUND
4 In March 2014, the State charged defendant by information
with one count of unlawful possession of methamphetamine
precursors without a prescription under section 120 of the
Methamphetamine Control and Community Protection Act (Act)
(720 ILCS 646/120 (West 2014)). Therein, the State alleged
she knowingly purchased or possessed products containing
pseudoephedrine without a prescription and she had been
previously convicted of the offense of unlawful possession of
methamphetamine in June 2006.
5 In July 2014, defendant filed a motion to dismiss, claiming
she was never made aware that, given her previous conviction,
her purchase or possession of pseudoephedrine was illegal.
Defendant argued the law prohibiting possession of
pseudoephedrine without a prescription by individuals with
another conviction under the Act "should be considered
to be ex post facto." In September 2014, the
trial court denied the motion.
6 In January 2015, defendant pleaded guilty in return for a
sentencing cap of three years. The State's factual basis
was as follows:
"Your Honor, if this matter had proceeded to trial the
People would present a certified copy of her conviction in
06-CF-101, which was for the offense of unlawful possession
This conviction was after the effective date of the
Methamphetamine Community Control and Protection Act, thereby
making it illegal for her to purchase pseudoephedrine. The
People would show by a number of means, numerous purchases of
pseudoephedrine; specifically, on January 26th, 2014, her
purchase of pseudoephedrine at Walgreens located at 18th and
Broadway in Quincy, Adams County, Illinois. That would
include a video of her being at the Walgreens store.
There is a copy of the receipt for her purchase of Wal-Phed
D-tabs, which are a pseudoephedrine product. Again, we would
have the NPLEx [(National Precursor Log Exchange)] pill logs
to show that purchase, along with 18 other purchases in Adams
County and one block, since the effective date of the
statute. She also made 110 total purchases, not only in this
county, but in other counties."
court accepted the State's factual basis and
defendant's guilty plea.
7 In March 2015, the trial court sentenced defendant to one
year in prison, with credit for one day served. Thereafter,
defendant filed a notice of appeal. In April 2015, defendant
filed a motion to strike the notice of appeal and withdraw
her guilty plea. Defendant contended she was incorrectly