JUSTICE GARMAN delivered the judgment of the court, with
opinion. Chief Justice Karmeier and Justices Freeman, Thomas,
Kilbride, Burke, and Theis concurred in the judgment and
1 Following a bench trial, defendant, Antoine Hardman, was
convicted of one count of possessing between 1 and 15 grams
of heroin with intent to deliver within 1000 feet of a
school. See 720 ILCS 570/401(c)(1), 407(b)(1) (West 2012). At
a sentencing hearing, the trial court imposed a public
defender fee of $500. See 725 ILCS 5/113-3.1(a) (West 2012).
Hardman appealed, arguing that the State failed to prove that
he committed the offense within 1000 feet of a school, that
the public defender fee was imposed without a proper hearing,
and that the mittimus should be amended to reflect the
correct name of the offense. The appellate court affirmed
Hardman's conviction and sentence, vacated the public
defender fee, remanded for a new hearing on whether the
public defender fee was appropriate, and amended the
mittimus. 2016 IL App (1st) 140913-U. We allowed
Hardman's petition for leave to appeal. Ill. S.Ct. R. 315
(eff. Mar. 15, 2016).
3 With respect to Hardman's conviction, Hardman only
challenges whether the evidence established that the building
at issue was a school. See 720 ILCS 570/407(b)(1) (West
2012). For that reason, we confine the factual background to
the evidence presented about the building purported to be a
school, 646 North Lawndale Avenue.
4 The State charged Hardman with one count of possessing
between 1 and 15 grams of heroin with intent to deliver
within 1000 feet of "any school *** to wit: Ryerson
Elementary School, " a Class X offense. See 720 ILCS
570/401(c)(1), 407(b)(1) (West 2012). At Hardman's
arraignment, the court appointed a public defender, and the
State filed a motion for reimbursement for the cost of the
public defender. See 725 ILCS 5/113-3.1(a) (West 2012).
5 Before trial, the State sought leave to amend the
information. The information referred to "Ryerson
Elementary School, " but in pictures taken in the winter
of 2014, a sign in front of the school listed the name as
"Laura Ward." The State indicated that, on July 22,
2013, at the time of the offense, it believed that the
building was called Ryerson Elementary School. However, when
the court asked for the date of the school name change, the
State responded that it believed that it was "this
school year" that the name changed to Laura Ward. The
State asserted that the school year "should have started
in September." The court denied the State's motion
to amend the information, finding that the State could
explain the school name discrepancy at trial.
6 At trial, three witnesses testified about the location of
the drug transactions. Officer Harmon of the Chicago police
department testified that, on the date of the offense, he was
on duty from 7 a.m. until 4 p.m. as an enforcement officer.
Officer Harmon assisted in detaining Hardman. The State
questioned Officer Harmon as to his familiarity with the
"Q. Now, how long had you worked in the 11th District on
the date of this incident?
A. Well, I'd been in the 11th District nine years.
Q. In your nine years in the 11th District were you familiar
with this area where the arrest occurred?
Q. Are you familiar with the schools near this address?
A. I am.
Q. What school is there?
A. Laura Ward School.
Q. Is that what it is currently called?
A. Yes. It changed.
Q. What was the name of the school back on July 22, 2013?
7 Officer Ruggiero, a Chicago police officer, testified that
at about 10 a.m. on July 22, 2013, he was conducting
surveillance of the alley at 634 North Ridgeway Avenue.
Officer Ruggiero assisted in detaining Hardman. Officer
Ruggiero testified that, in July 2013, he was part of the
"Area North Saturation Team, " assigned to the
eleventh district. Officer Ruggiero testified that he had
been an officer in the eleventh district for seven years by
that time. The State questioned Officer Ruggiero as to his
familiarity with the area:
"Q. And were you in the vicinity of 634 Ridgeway in
Q. Is that area within the 11th District?
Q. Can you please describe the six hundred block of North
Ridgeway for the jurors?
A. Yes. The area is residential, with buildings and also
right next to a school called Ryerson Elementary School at
Q. You say at that time. Does that school have a different
Q. What is that?
A. Laura Ward.
Q. Now, what is the closest intersection to the area
we're referring to?
A. Huron and Ridgeway.
Q. Are you familiar with that ...