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Docket No. 89827-Agenda 12-March 2001.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DYRECE T. KNAFF, Appellant.

Opinion filed June 21, 2001.

JUSTICE THOMAS delivered the opinion of the court:

The defendant, Dyrece T. Knaff, was charged by indictmentin the circuit court of Adams County with two counts of unlawfuldelivery of a controlled substance while on a public way within1,000 feet of public housing property (720 ILCS 570/407(b)(2)(West 1998)) and two counts of the lesser-included offense ofunlawful delivery of a controlled substance (720 ILCS 570/401(d)(West 1998)). The lesser charges were based on the same conductas the greater charges, absent the location element. Prior to theselection and empaneling of the jury, the State dismissed thelesser-included charges and the cause proceeded to trial on thegreater offenses. After the State presented its case in chief, thedefendant moved for a directed verdict. The trial court found thatthe evidence was insufficient on the location element and,therefore, refused to allow the greater charges to be considered bythe jury. However, the trial court found that the evidence wassufficient to prove the lesser-included offense and allowed theState to amend its indictment, and the case was submitted to thejury on the lesser-included offenses. The defendant wassubsequently convicted of the lesser-included offenses andsentenced to concurrent terms of five years' imprisonment.

The defendant appealed to the appellate court, claiming thathis convictions violated the double jeopardy clauses of the UnitedStates and Illinois Constitutions (U.S. Const., amend. V; Ill.Const. 1970, art. I,