Find Court Cases > Go Back to List > People v. Comage

People v. Comage

Case Date: 01/28/1999
Court: 5th District Appellate
Docket No: 5-97-0804

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,