People v. Placek

A jury found defendant James Placek guilty of delivery of a controlled substance. This was the second time defendant was tried on that charge. Initially, defendant was tried and convicted of delivery of a controlled substance, possession of a controlled substance with intent to deliver, and theft. However, the trial court granted defendant’s motion for a new trial because defendant demonstrated that the Illinois Supreme Court found the theft charges upon which he was tried unconstitutional in People v. Zaremba, 158 Ill. 2d 36, 630 N.E.2d 797 (1994).

Prior to his second trial, defendant argued…