People v. Davison

              NOS. 4-07-0032, 4-07-0033, 4-07-0034 cons. Filed 2/15/08
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
Plaintiff-Appellee, ) Circuit Court of
v. ) Clark County
TROY A. DAVISON, ) Nos. 03CF171
Defendant-Appellant. ) 04CF84
) 03CF165
)
) Honorable
) Tracy W. Resch,
) Judge Presiding.
_________________________________________________________________
JUSTICE KNECHT delivered the opinion of the court:
Defendant, Troy A. Davison, in these consolidated
appeals, first appeals from his conviction for possession of a
deadly substance (720 ILCS 5/20.5-6 (West 2002)), arguing (1) the
evidence was not sufficient to prove guilt beyond a reasonable
doubt because anhydrous ammonia is not a "poisonous gas" within
the meaning of the statute defining the offense, (2) the sen-tences
he received for possession of a deadly substance, unlawful
possession of a stolen motor vehicle (625 ILCS 5/4-103(a)(1)
(West 2004)) and unlawful manufacture of a controlled substance
(720 ILCS 570/401(c)(6.5) (West 2002)) were excessive; and (3)
the trial court's order directing the balance of his posted bond
money, after restitution, court fees, and public-defender reim-bursement
in each case be split equally between the Clark County
Sheriff's office and the Southeast Illinois Drug Task Force. For
the following reasons, we reverse defendant's conviction for
possession of a deadly substance; reverse defendant's conviction