People v. Willner

State: Illinois

Court: 4th District Appellate

Docket No: 4-07-0926 Rel

Case Date: 06/26/2009

Preview:NO. 4-07-0926 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. KIRSTEN J. WILLNER, Defendant-Appellant.

Filed 6/26/09

) Appeal from ) Circuit Court of ) Adams County ) No. 07CM319 ) ) Honorable ) Thomas J. Ortbal, ) Judge Presiding. _________________________________________________________________ JUSTICE KNECHT delivered the opinion of the court: Defendant, Kirsten J. Willner, was charged with unlawful possession of pseudoephedrine because she knowingly purchased, within a 30-day period, products containing more than 7,500 milligrams of pseudoephedrine in violation of section 20(b) of Methamphetamine Precursor Control Act (Act) (720 ILCS 648/20(b) (West 2006)). Defendant unsuccessfully challenged the

constitutionality of the statute under which she was charged. Defendant stipulated the State's evidence was sufficient to convict under the statute. months' probation. The trial court sentenced her to 12

Defendant appeals, arguing section 20(b) of

the Act is unconstitutional because it is overbroad and criminalizes innocent conduct. We affirm.

I. BACKGROUND On June 18, 2007, defendant was charged with violating section 20(b) of the Act after she purchased products containing more than 7,500 milligrams of pseudoephedrine within a 30-day period. In October 2007, defendant filed a motion with the trial

court requesting it adopt prior motions, evidence, and transcripts from People v. Willner, Adams County case No. 06-CM-513. That case involved the same charge and contained a motion to declare section 20(b) of the Act (720 ILCS 648/20(b) (West 2006)) unconstitutional. At a November 1, 2007, bench trial, defendant

stipulated the State would present evidence showing she purchased the requisite amounts of products containing pseudoephedrine within the time period prescribed by section 20(b) to prove a violation of section 20(b). Based upon the stipulation, the

court found defendant guilty of a Class B misdemeanor and sentenced her as stated. On November 6, 2007, the trial court entered a written order allowing the adoption in this case of the motion to declare section 20(b) of the Act (720 ILCS 648/20(b) (West 2006)) unconstitutional, which defendant had filed in People v. Willner, Adams County case No. 06-CM-513. The court denied the motion and

reentered its opinion and order in People v. Willner, Adams County case No. 06-CM-513, in this case. This appeal followed. II. ANALYSIS Defendant contends section 20(b) of the Act violates the due-process guarantee of the Illinois Constitution (Ill. Const. 1970, art. I,

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