People v. Lofton
Issue on Appeal:
Sufficiency of the Evidence
People v. Lofton, 2011 IL App (1st) 101761-U
In that case, Himel’s client, Lofton, was charged with possession of cannabis with intent to deliver. Lofton was convicted by the judge and sentenced to 5 years in prison. Himel appealed the case to the Illinois Appellate Court contending that the evidence was insufficient to prove that Lofton possessed the cannabis beyond a reasonable doubt.
The Illinois Appellate Court agreed with Himel, stating, “Here, after examining the evidence in detail, we find insufficient evidence to show that (Lofton) knew of the cannabis in the bedroom where he was found by the police.” For that reason, the appellate court concluded, “(T)he State failed to present sufficient evidence that defendant constructively possessed cannabis so that his conviction must be reversed.”
