| People v. Comage, No. 5-97-0804 4th Dist. 1/28/99 |
January 28, 1999
No. 5-97-0804
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
| THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANNY COMAGE, Defendant-Appellant. | Appeal from Circuit Court of Macon County No. 97CF377 Honorable James A. Hendrian, Judge Presiding. |
____________________________________________________________ _____
JUSTICE McCULLOUGH delivered the opinion of the court:
On March 21, 1997, Danny Comage was charged with unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1996). After a jury trial on July 17, 1997, defendant was found guilty and on August 15, 1997, was sentenced to six years in the penitentiary.
All of the issues in this case revolve around the requirement that a defendant charged with unlawful possession of a controlled substance possess it knowingly (People v. Harris, 52 Ill. 2d 558, 560, 288 N.E.2d 385, 386-87 (1972)). Defendant argues, first, that the evidence was insufficient to support a conviction because this element was not proved beyond a reasonable doubt; second, that the trial court denied him his constitutional right to be present at all proceedings that involve his substantial rights (U.S. Const., amend. VI; Ill. Const. 1970, art. I,