People v. Schmalz

The defendant, Jennifer R. Schmalz, appealed her conviction in a bench trial for unlawful possession of cannabis and drug paraphernalia (720 ILCS 550/4(a), 600/3.5(a) (West 1996)). Concluding that the State had not proven constructive possession where the defendant was not in control of the premises, this court reversed the defendant’s conviction (People v. Schmalz, No. 3—98—0097 (1998) (unpublished order under Supreme Court Rule 23)). The supreme court denied the State’s petition for leave to appeal but, in the exercise of its supervisory authority, directed this court to vacate its order…