Illinois Supreme Court October 7, 2004, 94971 (People v. Cunningham)

JUSTICE GARMAN

delivered the opinion of the court:

After a bench trial, defendant, Brian Cunningham, was convicted of possession of a controlled substance. 720 ILCS 570/402 (West 1998). The appellate court, with one justice dissenting, reversed, holding the evidence was insufficient to sustain the conviction. 333 111. App. 3d 1045.