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People v. Markham

Court of Appeals of Illinois, Third District

April 24, 2019

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant,
v.
ROBERT W. MARKHAM, Defendant-Appellee.

          Appeal from the Circuit Court of Tazewell County, No. 17-CF-277; the Hon. Stephen A. Kouri, Judge, presiding.

          Stewart J. Umholtz, State's Attorney, of Pekin (Patrick Delfino, David J. Robinson, and Justin A. Nicolosi, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

          James E. Chadd, Peter A. Carusona, and Matthew Lemke, of State Appellate Defender's Office, of Ottawa, for appellee.

          Terry D. Slaw, of Rolling Meadows, and Albert L. Wysocki, of Waukegan, for amicus curiae Heroin Epidemic Relief Organization.

          Panel JUSTICE WRIGHT delivered the judgment of the court, with opinion. Justices Lytton and McDade concurred in the judgment and opinion.

          OPINION

          WRIGHT, JUSTICE

         ¶ 1 In Tazewell County circuit court, defendant moved for dismissal of an unlawful possession of a controlled substance charge levied against him by the State, citing immunity from prosecution pursuant to section 414(c) of the Illinois Controlled Substances Act (Act) (720 ILCS 570/414(c) (West 2016)). The trial court granted defendant's motion to dismiss. The State appeals.

         ¶ 2 I. BACKGROUND

         ¶ 3 On July 20, 2017, the State indicted Robert W. Markham for the offense of unlawful possession of a controlled substance pursuant to section 402(c) of the Act (id. § 402(c)). The indictment alleged defendant knowingly possessed a substance containing heroin on or about June 3, 2017. On October 23, 2017, defendant filed a motion to dismiss the charge based on the statutory immunity from prosecution provision of section 414(c) of the Act (id. § 414(c)).

         ¶ 4 On December 5, 2017, the trial court conducted a hearing on defendant's motion to dismiss. The parties submitted the following stipulated facts for the court's consideration:

"1. A female companion and the defendant used heroin;
2.After going out into the kitchen and playing with her phone for a few minutes, the female companion re-entered the bedroom and observed the Defendant sitting in the bed turning purple;
3.Defendant was suffering a drug overdose;
4.The female then called 911 and commenced CPR;
5. Tazewell County Deputies were dispatched to 608 Northern Oaks Drive, Groveland, IL, in regards to a possible drug overdose;
6. When Deputies arrived they found [defendant] non-responsive and not breathing, and they commenced ...

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