text:
2014: The Year in Space
Air Date: 12/30/2014
Run Time: 28:50
Listen to the full show:
Or Download mp3
- Emily Lakdawalla, Senior Editor and Planetary Evangelist, The Planetary Society
- Bruce Betts, Director of Science and Technology, The Planetary Society
- Jason Davis, Journalist and Digital Editor, The Planetary Society
- Casey Dreier, Director of Space Policy, The Planetary Society
- Bill Nye, Chief Executive Officer
- Neil deGrasse Tyson, , The Planetary Society
Topics: FY2015 NASA Budget, Mars Orbiter Mission (MOM), Planetary Society Projects, podcasts and videos, comet Siding Spring, Curiosity (Mars Science Laboratory), commercial spaceflight, Rosetta and Philae, Space Policy, comets, comet Churyumov-Gerasimenko, Planetary Radio, Planetary Society Political Advocacy, LightSail, Mars, Planetary Society People, Planetary Society, Bill NyeSupport Planetary Radio
Our annual review of the greatest events and accomplishments over the last year features analysis and commentary by Bill Nye the Science Guy, Emily Lakdawalla, Jason Davis, Casey Dreier and Bruce Betts, along with a special new year's gift of Neil deGrasse Tyson.
Related Links:
- Video: Ride along with Orion as It Plummets Back to Earth
- Here's How Planetary Science Will Spend Its $1.44 Billion in 2015
- Random Space Fact Videos
- Neil deGrasse Tyson on Planetary Radio
Trivia Contest
This week's prizes are the beautiful and informative Year in Space Desk and Wall Calendars.
This week's question:
How many rockets carried humans into orbit in 2014?
To submit your answer:
Complete the contest entry form at http://planetary.org/radiocontest or write to us at email@example.com no later than Tuesday, January 6, 2015 at 8am Pacific Time. Be sure to include your name and mailing address.
Last week's question:
Of spacecraft that have visited at least one giant planet (Jupiter, Saturn, Uranus, Neptune) which spacecraft had the greatest dry mass?
The answer will be revealed next week.
Question from the week before:
There is a US penny on the Curiosity rover. What year was that penny minted?
The coin on Curiosity is a 1909 Lincoln penny.
No trivia contest spoilers please!
Leave a Comment:You must be logged in to submit a comment. Log in now.
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Funding is critical. The more we have, the more effective we can be, translating into more missions, more science, and more exploration.
Space in Images
Pretty pictures and
awe-inspiring science.
Join The Planetary Society
Let's explore the cosmos together!


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"Bronze of George Washington" Top 5 Page for this destination Public Garden Tip by Gypsystravels
Public Garden, Boston: 55 reviews and 134 photos
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THE BRONX - A New York City fifth-grade special education teacher has been arrested for the rape of a 10-year-old girl.
Authorities say 40-year-old Anthony Criscuolo, of P.S. 386 in the Bronx, has been charged with first-degree rape and predatory sexual assault against a child in an attack on a student from the school.
According to police sources, Criscuolo told the victim's parents that he was taking her to get an academic award on Monday, and even wrote a letter notifying them of the phony achievement on school letterhead.
READ MORE: Brooklyn Crime Stories
Criscuolo allegedly drove the girl to another school and raped her inside his vehicle.


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For sale by MoxieNet Innovations VERIFIED 6 Dec 10:37 pmOwerri Municipal, Imo
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Diet tea proved by functional and toxicology studies can further lipometabolism and maintain normal physiologic function. In addition, it overcomes the shortcomings of food-replacement, defecating and nervous depressing weight-loss products, such as damage of diet, reducing body function and inducing diseases.
The function of tea polyphenols is to enhance metabolism, resist oxidization and cleans free radical; the triglyceride lipase and activated protein kinase to reduce the accumulation of fat. By this way, the tea reaches the goal of weight loss.
>Our other Tea products include:
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Stay safe!
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text:
MikroTik is announcing a 3-day Train-the-Trainer class in RouterOS Training center, Riga, Latvia on December 7-9, 2016. Visit our new RouterOS Training Center in Latvia to attend the Train the Trainer class, become a certified MikroTik trainer and also visit Riga — the birthplace of MikroTik!See offer
The issue #73 of our Newsletter introduces the new hEX with a new generation dual core CPU, hardware encryption and Dude Server support. Also, finally a RouterBOARD with Gigabit PoE output — the hEX PoE. Also read about many other topics, simple IPsec configuation, hardware upgrades in other products and more. Newsletter 73
Cloud Core Router is an industrial grade router with cutting edge multicore Tilera CPU, available in 9, 16, 36 and 72 core versions! Unprecedented power and unbeatable performance - this is our new flagship device. If you need many millions of packets per second - the Cloud Core Router 1072 with 72 cores is your best choice - up to 120 million PPS is possible.
The hAP ac is our most universal home or office wireless device. Dual band 3x3 MIMO with Gigabit ports that opens the full advantages of 802.11ac speed, while maintaining compatibility with legacy devices in 2GHz and 5GHz
Registrations for all events are already open - register your attendance for free!
MikroTik training sessions are organized and provided by MikroTik Training Centers at various locations around the World. They are attended by network engineers, integrators and managers, who would like to learn about routing and managing wired and wireless networks using MikroTik RouterOS.
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To purchase our RouterBOARD, CCR, CRS and other products, and also to receive technical support and pre-sales consultation, please contact our wide network of distributors. See the map to find the nearest one.


text:
Aquiloeurycea praecellens
|Scope: Global
|Gabriela Parra-Olea, David Wake. 2016. Aquiloeurycea praecellens. The IUCN Red List of Threatened Species 2016: e.T59391A89370883. . Downloaded on 06 December 2016.
|To make use of this information, please check the <Terms of Use>.
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text:
Sorry, no bio currently available
Wall Street Breakfast, Seeking Alpha's flagship daily business news summary, is a one-page summary that gives you a rapid overview of the day's key financial news. It's designed for easy readability on the site or by email (including on mobile devices), and is published before 7:00 AM ET every market day.
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Sign up here to receive the Wall Street Breakfast in your inbox every business day: http://seekingalpha.com/account/email_preferences
I write about dividend growth stocks on my website www.dividendgrowthinvestor.com.
I am mostly a buyer of high quality dividend stocks, with solid competitive advantages. My holding period is forever, as long as the dividend is at least maintained. I tend to concentrate my efforts on stocks which grow earnings and dividends, which provides outstanding total returns over time. I only focus my attention to stocks with sustainable dividend payments. I am also a firm believer in diversification accross sectors and geographic locations.
I have been focusing my attention particularly to companies that regularly increase dividends to their shareholders on my website. On my blog I share my thoughts on investing in dividend paying stocks that have consistently increased their payments over time and tips on growing my dividend income. I hope that my blog will serve as an inspiration for my readers and that it would change their financial lives for the better.
Visit my website, Dividend Growth Investor (http://www.dividendgrowthinvestor.com/)
The Parsimony community is made up of thousands of do-it-yourself dividend and income investors working toward one common goal...generating consistent income!
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Bob is retired from a career in law enforcement including more than 20 years as an instructor of Investigative Interviewing. He is a Dividend Growth investor using dividend yield from low beta stocks for income and preservation of capital. Bob has self managed his portfolio since early in 2011. He hopes to encourage discussion among those already in retirement and receiving income from their portfolios.
My curent portfolio is available here:
I believe that everyone needs a portfolio business plan.
Here's a copy of ours:: http://seekingalpha.com/article/2426965-our-retirement-portfolio-business-plan-legacy-edition-part-two
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Visit http://dividendlab.com
My name is Todd Johnson. I'm a family man, sports fiend, health nut, technology buff, long-time stock investor, and a very lucky mountain climber, all of which has shaped my philosophy as a professional investor for the last 30 years. As my interests might suggest, I am always looking for the upside while striving to minimize risks.
My new passion, which I have realized through DividendLab.com project, is helping other investors learn more about investing; investing in stocks and other assets that are subject to wide price swings can actually enhance their returns when the right investment strategy is applied. To that end, I read company 10k and 10q statements so they can skip them. I compile and analyze the market research that isn't always at their fingertips. And I don't make any investment recommendation without committing my own funds first, which is the purest form of accountability.
My entire career has been spent in industry within the finance and accounting realm. My career started in 1985 and has included exposure to implementing SFASs


text:
Ninety Acres
Savor Seasonal Cuisine
We welcome those who share a passion for great food and wine to indulge their appetite for all things epicurean! Ninety Acres celebrates the whole experience and art of fine food and wine, reveling in the process of cultivating, harvesting, preparing, and savoring each bite in the beautiful landscape where it was grown.
Hours of Operation
Tuesday - Thursday: 5:30pm - 10:00pm
Friday: 5:30pm - 11:00pm
Saturday: 5:00pm - 11:00pm
Sunday: Dinner served 4:00pm - 9:00pm
Bring Me Food
Chef David C. Felton has redesigned the traditional "tasting menu" so you can sit, relax, and enjoy the entire experience of us bringing you food.
Dining Areas
Whether looking to stop in, have an energetic dinner, or a unique experience, our dining areas are designed to fit your mood…and appetite!
Upcoming Events
Enjoy one of our many events hosted by Ninety Acres. Below are the upcoming events or to view all of our events and classes with full descriptions, pricing, etc, click here.
Basic Wine Education: Sparkling Wine~ December 11th
2:00 - 3:30pm
What does blanc de blancs mean? Why is Champagne so much more expensive than Lambrusco? What's the difference between vintage and non-vintage? In this class Wine Director Brooke Sabel will cover how sparkling wine is made, styles of sparkling wine and popular regions, what makes true Champagne so special, sparkling terminology, and general pairing suggestions.
To sign up, click here
Advanced Wine Education: Champagne ~ December 18th
1:00 - 3:30pm
Just in time for the holidays!! Wine Director Brooke Sabel will lead you through the complexities of Champagne, including the history, terroir and production methods. With a focus on grower-producers, this class will explore how variations in variety, soil types, vintage characteristics and subregions will make you raise a toast every day in celebration.
To sign up, click here
Ninety Acres features a 12-acre sustainable farm, state-of-the-art Cooking School, and world-renowned restaurant. Chef David C. Felton creates flavorful modern cuisine as Wine Director Brooke Sabel pours selections from our vast cellar of over 1,200. Carefully concocted cocktails and craft beer are equally adored.
Set in the original mansion's carriage house and garage, our open floor plan allows each distinct dining area to flow into the next, carrying a theme of refined rustic elegance throughout. With authentic attention to detail in service, food, and decor, Ninety Acres is the perfect location for a special meal or a unique private event.


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October 31, 2012
UNITED STATES OF AMERICA, PLAINTIFFv.CHAD WILLIAMS DEFENDANT
DECISION and ORDER
This case was referred by order of the undersigned, entered May 24, 2011, ECF No. 3, to Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1)(A)-(B). On October 11, 2011, Defendant filed an omnibus motion, ECF No. 20, seeking inter alia dismissal of the indictment because he was improperly indicted under the Sex Offender Registration and Notification Act ("SORNA"). Following the decision of the United States Supreme Court in Reynolds v. United States, __U.S.__, 132 S. Ct. 975 (2012), Defendant filed supplemental papers in support of his application to dismiss the indictment, ECF No. 32 and ECF No. 39. On September 4, 2012, Magistrate Judge Feldman filed a Report and Recommendation ("R&R"), ECF No. 64, recommending that Defendant's motion to dismiss the Indictment because he was not subject to SORNA's registration requirements until the Final Rule by the Attorney General became effective in January 2011 be denied. Additionally, in his R&R Judge Feldman recommended that dismissal of the indictment upon the alternative grounds urged by Defendant, including the ex Post Facto clause, the Tenth Amendment, the non-delegation doctrine, and the Commerce Clause, be denied as well. In his filing of September 12, 2012, ECF No. 65, Defendant timely objected to the R&R, indicating as follows: "Mr. Williams now files this Objection to the R&R and requests that the Court reject the Magistrate Judge's recommendation and dismiss the indictment."
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the R & R to which objections have been made. Upon a de novo review of the R & R, including a review of the April 13, 2012 hearing before Judge Feldman, the Court accepts the proposed findings and recommendation.
Accordingly, for the reasons set forth in Magistrate Judge Feldman's R&R, ECF No. 64, Defendant's application, ECF No. 20, to dismiss the indictment because he was improperly indicted under SORNA is denied.
Charles J. Siragusa
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WHAT: Family charts of Early Pioneers to the Mackay district.
WHERE: Level 2, Old Town Hall, Sydney Street. http://www.mackay.qld.gov.au/community/council_facilities2/council_facilities/town_hall
WHEN: 13 – 28 October 2016 from 9.00am to 2.00pm
If you thought you'd seen all our Early Pioneers charts at our last exhibition at the MECC in 2013, as the saying goes "you ain't seen nothing yet". With over 200 charts on display, many of them will be brand new ones. A display that can't be missed.


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Access hundreds of thousands of recipes that are healthy and easy to make. Get full nutrition info for every recipe and track with one click!
Today's Featured Recipe:
Simple Quinoa and Vegetables
Visit SparkRecipes.com
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TORTISE110's Blogs
First Morning Fire
Wednesday, November 23, 2016 17 comments
Ah winter's blessing - this morning I lit my first morning fire of the season. It's such a treat.
Now it's time to use my journal and check in...
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What I Learned in Cooking Class
Saturday, November 19, 2016 10 comments
I've been cooking for a long time and still really enjoy it. But last week I took a cooking class with a friend. We really just wanted to hang out together and thought it might be fun to take a class. It was. And I learned some thi...
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Sunday Morning - Namaste
Sunday, November 13, 2016 16 comments
This is the peaceful view down my driveway that greeted me yesterday and calmed my frayed nerves a bit during these turbulent days for our country. ...
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Slowing Down
Monday, November 07, 2016 14 comments
In September my DH and I traveled to Italy with our son and his girl friend. We all enjoy interesting food and most of us like to cook. One of our adventures together was to take a cooking class with a chef in Tuscany. The day started at ...
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Up Early in the City
Sunday, October 30, 2016 17 comments
I so enjoy the early morning hours, and this week I had the special treat of sitting in a window seat, 14 stories above the Chicago River. This was the sight below as the city came to life: ...
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Spirit Time
Thursday, October 27, 2016 13 comments
Just a thought this morning as my day starts and I think about the season ahead. Halloween is approaching and it might be fun to take a 'night walk' in the spirit of the season: vampires and trick-or-treating both happen then! I won't be h...
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Three Things That Are Keeping Me on a Healthy Track
Saturday, October 15, 2016 20 comments
This morning I am thinking about things that are keeping me motivated right now.
One is that the sc...
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Closet Switch-Up
Monday, October 03, 2016 18 comments
It's time for me to store summer clothes and move fall and winter duds back in. This weekend I real...
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Five More Things All About Me
Tuesday, September 13, 2016 11 comments
So, continuing on my mission to be a little more 'blog-worthy.' Here are 5 more things about me and then I will be on to another question. Interested in the prompts? Here is what I posted in my last blog: My Sparkfriend, Swe...
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Inspiration from Swede Su: Following Prompts to Write More Blogs
Friday, September 09, 2016 18 comments
I've been in a blogging drought lately. Can't think of a thing to say. Meanwhile I am a Community Advisor with a commitment to blog at least once a week... So I better get to it. My Sparkfriend, Swede Su, recently started following a g...
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Ad Free Spark - Calmer Already
Wednesday, August 03, 2016 16 comments
I've been a Spark member since 2012. I thought I was fine with it. Well, I WAS fine with it. But this morning when the offer came to try Premium I jumped in. Now I know why. My experience on Spark this morning checking in feels focused ...
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Worth Sinning For
Friday, July 22, 2016 23 comments
As Nora Ephron, humorist and writer, was dying of pneumonia related to leukemia, she said she would miss her husband and children the most, and that she would also miss pie. Pie! Imagine that being among your last thoughts. Well I could im...
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Fruit & Veggie Inspiration
Tuesday, July 12, 2016 16 comments
It's easy to like fruits & veggies in the summer. So much fresh produce, so much beautiful fruit. This year in our area we have had mouth watering sweet peaches and strawberries. And always there is an abundance of zucchini. ...
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An In-House WO to Try: Update
Wednesday, June 29, 2016 12 comments
I picked this up from sassyfitgirl.com this morning. It's a day I don't usually go to the gym, so I'm going to try this. I think I can, I think I can... ...
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Heavenly Summer Cooking and Eating
Saturday, June 25, 2016 19 comments
I love to cook and in summer get excited to have fresh produce, more company around--which inspires me, and a bit more time to fuss with food. But I also like to be outside and active more. So the challenge is always menu planning and simple r...
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The Childhood, Education and Adult Life of Andrew Carnegie
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Pages: 2
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Category: Business Studies
Word Count: 1,140
Pages: 2
Essay written by aliciareaganneotamueduA man of Scotland a distinguished citizen of the United States and a philanthropist devoted to the betterment of the world around him Andrew Carnegie became famous at the turn of the twentieth century and became a real life rags to riches story Born in Dunfermline Scotland on November 25 1835 Andrew Carnegie entered the world in poverty The son of a hand weaver Carnegie received his only formal education during the short time between his birth and his move to the United States When steam machinery for weaving came into use Carnegies father sold his looms and household goods sailing to America with his wife and two sons At this time Andrew was twelve and his brother Thomas was five Arriving into New York on August 14 1848 aboard the Wiscasset from Glasgow the Carnegies wasted little time settling in Allegheny City Pennsylvania a suburb of Pittsburgh where relatives already existed and were there to provide help Allegheny City provided Carnegies first job as a bobbin boy in a cotton factory working for 120 a week His father also worked there while his mother bound shoes at home making a miniscule amount of money Although the Carnegies lacked in money they abounded in ideals and training for their children At age 15 Carnegie became a telegraph messenger boy in Pittsburgh He learned to send and decipher telegraphic messages and became a telegraph operator at the age of 17 Carnegies next job was as a railroad clerk working for the Pennsylvania Railroad He worked his way up the ladder through his dedication and honest desire to succeed to become train dispatcher and then division manager At this time young Carnegie age 24 had already made some small investments that laid the foundations of his what would be tremendous fortune One of these investments was the purchase of stock in the Woodruff Sleeping Car Company In 1864 Carnegie entered the iron business but
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- Description
Name 100% Goggles Strata Slash Junior transparent lens Item No. HDP2601-1797 Brand 100% Size Children Colour black
Goggles are part of the must-have gear for any Motocross rider, also for the younger ones. These 100% Motocross Goggles Strata Slash Junior with clear lens are part of the Strata line by 100% - entry-level, high-quality goggles for excellent protection and optimum vision. This model was specifically designed for younger riders.
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Wal-Mart is ranked No. 1 in the National Retail Federation's 2007 list of the Top 100 Retailers. The survey, sponsored by SAP, concludes that Wal-Mart remains the most influential retailer in the nation. When the discounter says it is going back to what it does best, this means, according to the survey, that the lower-price space will be controlled — perhaps exclusively — by Wal-Mart.
The nine retailers ranked just below Wal-Mart are:
2. Home Depot
3. Kroger
4. Costco
5. Target
6. Sears Holdings
7. Walgreens
8. Lowe's
10. Safeway
There will be more on the survey in tomorrow's Retail Strategies.


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Gender: Girl
Meaning: Heavenly power
Origin: Indian
Religion: Jain
Labdhi is a Jain Girl name, meaning of the name is Heavenly power and origin of the name is Indian. This name is mostly used in Jain.
If you select the name Labdhi for your baby, Congratulations! But if you don't like Labdhi then please continue searching our site.
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Microsoft Updates Business Portal
Release 2.0 of the Microsoft Business Solutions Business Portal uses the company's SharePoint services as its underlying infrastructure for data delivery and collaboration.Microsoft Corp. announced Monday the latest version of its Business Portal, bringing other collaborative capabilities from the company to the product, which is used with Microsofts Great Plains and Solomon business applications. Release 2.0 of the Microsoft Business Solutions Business Portal utilizes Microsofts SharePoint services as its underlying infrastructure for information delivery and collaboration, bringing such SharePoint capabilities as document libraries, event calendars and meeting sites to Business Portal pages as Web Parts. Click here to read a review Microsofts SharePoint services.
The new architecture supports sharing and collaborating on documents, easier creation of new pages, adding Microsoft Excel graphs to portal pages, and sites for projects and meetings, and connecting with external data sources, Microsoft officials said.
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PSquared Asset Management AG Acquires Shares of 402,908 FMC Technologies Inc. (FTI)
PSquared Asset Management AG acquired a new stake in FMC Technologies Inc. (NYSE:FTI) during the third quarter, according to its most recent Form 13F filing with the SEC. The fund acquired 402,908 shares of the company's stock, valued at approximately $10,641,000. FMC Technologies accounts for about 55.2% of PSquared Asset Management AG's portfolio, making the stock its largest position. PSquared Asset Management AG owned 0.18% of FMC Technologies as of its most recent filing with the SEC.
Several other hedge funds and other institutional investors have also recently made changes to their positions in FTI. Mizuho Asset Management Co. Ltd. boosted its position in shares of FMC Technologies by 187.3% in the second quarter. Mizuho Asset Management Co. Ltd. now owns 3,907 shares of the company's stock valued at $104,000 after buying an additional 2,547 shares during the last quarter. Pacer Advisors Inc. boosted its position in shares of FMC Technologies by 25.3% in the second quarter. Pacer Advisors Inc. now owns 4,534 shares of the company's stock valued at $121,000 after buying an additional 916 shares during the last quarter. Mycio Wealth Partners LLC boosted its position in shares of FMC Technologies by 13.9% in the second quarter. Mycio Wealth Partners LLC now owns 5,742 shares of the company's stock valued at $153,000 after buying an additional 700 shares during the last quarter. Amica Retiree Medical Trust boosted its position in shares of FMC Technologies by 105.0% in the second quarter. Amica Retiree Medical Trust now owns 5,962 shares of the company's stock valued at $159,000 after buying an additional 3,053 shares during the last quarter. Finally, Euclid Advisors LLC purchased a new position in shares of FMC Technologies during the second quarter valued at about $160,000. Hedge funds and other institutional investors own 89.61% of the company's stock.
Shares of FMC Technologies Inc. (NYSE:FTI) traded down 0.91% during midday trading on Monday, hitting $31.44. The stock had a trading volume of 2,836,196 shares. The stock has a market cap of $7.09 billion, a P/E ratio of 44.98 and a beta of 1.14. The stock has a 50-day moving average price of $28.94 and a 200-day moving average price of $27.74. FMC Technologies Inc. has a 12-month low of $22.30 and a 12-month high of $35.93.
FMC Technologies (NYSE:FTI) last announced its earnings results on Wednesday, July 20th. The company reported $0.22 EPS for the quarter, missing analysts' consensus estimates of $0.30 by $0.08. The company had revenue of $1.20 billion for the quarter, compared to analyst estimates of $1.26 billion. FMC Technologies had a net margin of 2.99% and a return on equity of 13.44%. FMC Technologies's quarterly revenue was down 32.2% compared to the same quarter last year. During the same quarter last year, the company posted $0.52 EPS. Equities analysts forecast that FMC Technologies Inc. will post $0.92 earnings per share for the current year.
Several research analysts have recently issued reports on the company. FBR & Co restated a "hold" rating on shares of FMC Technologies in a research note on Wednesday, July 20th. Seaport Global Securities lowered FMC Technologies from a "buy" rating to a "neutral" rating and dropped their target price for the stock from $29.00 to $28.00 in a report on Thursday, September 22nd. Citigroup Inc. reaffirmed a "neutral" rating and set a $29.00 target price on shares of FMC Technologies in a report on Saturday, June 25th. Nomura set a $26.00 target price on FMC Technologies and gave the stock a "hold" rating in a report on Tuesday, August 16th. Finally, Jefferies Group reaffirmed a "hold" rating on shares of FMC Technologies in a report on Sunday, July 10th. Fifteen research analysts have rated the stock with a hold rating and eleven have assigned a buy rating to the company. FMC Technologies currently has an average rating of "Hold" and a consensus target price of $31.56.
In other FMC Technologies news, VP Sanjay Bhatia sold 2,800 shares of the stock in a transaction on Monday, August 22nd. The stock was sold at an average price of $28.44, for a total transaction of $79,632.00. Following the sale, the vice president now owns 48,943 shares in the company, valued at approximately $1,391,938.92. The sale was disclosed in a legal filing with the SEC, which is available through this link. Company insiders own 0.86% of the company's stock.
FMC Technologies Company Profile
FMC Technologies, Inc is a global provider of technology solutions for the energy industry. The Company designs, manufactures and services a range of systems and products, including subsea production and processing systems, surface wellhead production systems, high pressure fluid control equipment, measurement solutions and marine loading systems.
Receive News & Stock Ratings for FMC Technologies Inc. Daily - Enter your email address below to receive a concise daily summary of the latest news and analysts' ratings for FMC Technologies Inc. and related stocks with our FREE daily email newsletter.


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This uncompromised tanning boutique is strategically located near the Las Vegas Strip and across from one of the major casinos in town. Focusing upon servicing underserved clientele, in the upper tier tanning industry, this boutique maintains a loyal following from locals, celebrity and entertainer clientele alike. Whether you want that "just off the beach" look or a sun-kissed glow, this Company features the latest in state of the art indoor tanning systems, including custom spray tanning, VersaSpa, Mystic Tan systems, and a variety of bed systems to achieve your goal. Amenities include music, cooling fans, aromatherapy and even air-conditioned beds. Financially, this Company has recognized an average 3-year gross revenues of $406,000 and seller discretionary earnings of $129,000. This tanning salon will not last long so call now for more information and to request an NDA.
This is a leased location of 1,500 square feet with a Total Rent of $6,696. Lease ends 12/2018. Seller is not active in the business with 4PT employees. Hours of operation are Monday-Sunday 9am-10pm. Included in asking price is $132,406 in FF&E.
Financials (USD)
Asking Price $283,000
Sales $267,340
Profit $105,563
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Regulators and industry representatives who have been grappling with new rules concerning Indexed Universal Life Insurance (IUL) illustrations for the past year came together in person on March 26 at the Life Actuarial Task Force (LATF) as part of the National Association of Insurance Commissioners (NAIC) Spring National Meeting in Phoenix. The illustrations issue has divided the industry. A small group of large companies that do not write IUL led by MetLife, New York Life and Northwestern Mutual (the Non-IUL Group) has leveled pointed criticism at existing IUL illustration practices as well as the efforts of other members of American Council of Life Insurers (ACLI) to propose new IUL illustration guidelines to the state regulators on LATF.
Now LATF, the ACLI and the Non-IUL Group appear to be nearing consensus. On March 18, LATF, led by Minnesota actuary Fred Anderson, exposed a draft guideline, and regulators and interested parties spent more than two hours discussing the draft line-by-line at the March 26 meeting in Phoenix. Almost all interested parties involved in the process seem willing to accept the new guideline. Not surprisingly, regulators in New York have indicated they will head in a different direction.
Universal Life Insurance is a permanent life insurance product that allows the customer to make flexible premium payments into an accumulation account. Every month, cost of insurance (COI) charges and expenses are drawn out of the account and current interest determined by the insurer (with a guaranteed minimum) is credited to the account.
IUL offers customers upside exposure to a stock market index (with a cap) coupled with downside principal protection in the form of a minimum interest rate guarantee. The stock market index (such as the S&P 500) is only used in a formula to calculate how much interest is credited to the policy accumulation account. None of the assets supporting IUL policies, however, are directly invested in the equities markets. Instead, the bulk of the assets are deposited in the insurer's general account and generate traditional general account returns. A small portion of the assets are then employed in hedging strategies to support the index-based crediting rate. Unlike variable policies where premiums are invested in subaccounts similar to mutual funds, IUL policies are not considered securities products. Therefore, any life insurance agent can sell IUL, not just the smaller subset of agents who also have a license to sell securities.
The central question is how IUL policies should be illustrated during the sales process. The current NAIC model rule allows companies to use current interest parameters and current charges to illustrate the policies, but it does not address IUL policies or contemplate a credited rate that relies on the performance of an external index. As a result, most companies offering IUL policies use a "look back" at the past performance of the outside index in order to generate the illustrated rate. This approach has led to illustrated rates commonly in the 7-9% range with some companies illustrating at more than 10%—much higher than illustrated rates for traditional whole life or universal life policies.
In an effort to bring consistency to the illustration process, the ACLI set up a task force to craft a new actuarial guideline for IUL policies. On May 14, 2014, ACLI sent the proposed guideline, which included a maximum illustrated rate based on a 25-year look-back period, to LATF.
The Non-IUL Group believes that even this approach does not lead to realistic illustrated rates. In a letter dated August 12, 2014, the Non-IUL Group argued that illustrations should reflect the fact that IUL performance is driven primarily by general account interest returns rather than equity returns. They pointed out that if companies were allowed to use a 25-year look-back for whole life or universal life illustrations, such policies would likely illustrate at 7% or more.
The debate among the ACLI, the Non-IUL Group, other interested parties and LATF continued through the NAIC Fall National Meeting in Washington and culminated in the LATF compromise draft exposed on February 19, 2015 and subsequently revised on March 18 in advance of the NAIC Spring National Meeting. The draft sets a maximum illustrated rate for IUL policies based on average historical index performance going back 65 years. Actuarial observers agree that this methodology will result in maximum illustrated rates for IUL in the 6-7% range, and most everyone seems to be on board, if only reluctantly.
Meanwhile, just as industry and the rest of the regulators appeared to be closing in on a consensus approach, New York has chosen to go its own way. On September 10, 2014, the New York Department of Financial Services (NYDFS) issued a three-page Section 308 letter to all life insurance companies authorized to do business in New York, asking for information about IUL sales in New York and illustration methodology. At the March 26 LATF meeting, NYDFS representative Michael Cebula announced that New York would vote against exposing the new LATF draft and said that New York would be coming up with its own requirements for IUL illustrations as part of a revision of New York Insurance Regulation 74.
LATF and the interested parties involved still have a way to go in ironing out the technical details of the draft guideline, but the broad outlines are now clear. Less clear is what action New York will take and when.
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Full Throttle is inviting c-store customers to "Go Full Throttle or Go Home," this time with the launch of Full Throttle Hydration, a new, noncarbonated energy drink packed with electrolytes and charged with Full Throttle's special energy/vitamin blend. As the brand's first non-carbonated energy drink, Full Throttle Hydration provides thirst-quenching taste and maximum drinkability. Its
Archives for September 2008
Full Throttle Hydration
Spicing Up the In-Store Offering: "Bienvenido A La Bodega"
Practice this phrase and try to have it down pat by midcentury: "Bienvenido a la bodega." Sure, it'll require a bit more than that ("Welcome to the little convenience store") to gain loyalty from Spanish-speaking Hispanic consumers. But it's probably a feel-good start in outfitting the c-store to attract one of the fastest-growing demographics in
Recruiting Top Employees
In the third and final part of Convenience Store Decisions' recent Foodservice Webcast Series, human resources expert Mel Kleiman, president of Humetrics, talked about "tips for finding and retaining outstanding employees" and polled meeting participants as to where their best employees come from. Not surprisingly, the majority of Webcast attendees reported that employee referrals generate
Abundance at Bountyland
The U.S. Marine Corps' Parris Island facility is roughly a five-hour drive southeast from Bountyland Quick Stop's Westminster, S.C., headquarters. That said, new suppliers en route to one of Bountyland's 11 stores might want to drop by the Marine boot camp and let a drill instructor toss them around for a bit. It'll spare
New Day For PetroSun
A bid from PetroSun Fuel of Seattle bested a slew of bids from other convenience store and petroleum operators who last month were hoping to snatch up the 600 remaining ConocoPhillips c-store and retail gas sites on the West Coast. PetroSun's newly created affiliate, Pacific Convenience & Fuel LLC, acquired the sites and joins the
The World on its Shoulders
Taylor, Mich.-based Atlas Oil Co., that stalwart of efficient energy practices and environmental consciousness, has been chosen by The Detroit Free Press as one of the best places to work in Southeast Michigan. The newspaper conducted a survey several months ago and recently announced Atlas as a top winner. The company will be recognized in
Failure to Clean Keeps Customers Away
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High Energy and Sugar-Free
After unleashing its signature product only weeks ago, VE2 Laboratories is pleased to announce that Chartered Distribution Services (CDS) of Los Angeles will distribute VE2 Energy Gum across the country. Two pieces of sugar-free VE2 Energy Gum are equal to an 8-ounce cup of coffee or an energy drink. The gum is crammed with energy-sustaining
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Taylor Co., a business unit of Carrier Corp., introduces Slushosity—a new merchandising program developed to help operators capitalize on the ever-growing frozen carbonated beverage (FCB) market. Taylor's frozen carbonated beverage machines now have graphics that are as "cool" as the refreshing frozen beverages they dispense. These new, bright and exciting graphics create a sizzle that
Better Brewing Through Technology
Brewmatic introduces the C-21 Premium Coffee Brewing System, offering user-friendly and full-featured technology for today's c-store coffee needs. The C-21 series features an automatic intermittent brewing (AIB) system, which allows the coffee grounds to absorb water more evenly for a perfect extraction every time. A cold brew lock-out feature ensures that brewing will not begin
Power and Performance
To help consumers power the high-tech devices they depend on, Energizer Holdings Inc. is introducing a second lithium battery to its portable power lineup: Energizer Advanced Lithium. Presented as the gateway to lithium technology and performance, Energizer Advanced Lithium batteries, available in AA and AAA, last up to four times longer than traditional batteries. They
Smarter, Faster Washes
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November 20, 2003
THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,v.JAGODA BESZ, DEFENDANT-APPELLANT.
Appeal from the Circuit Court of Cook County No. 01 C4 40296 02 The Honorable Francis X. Golniewicz, Judge Presiding.
Following a bench trial, defendant, Jagoda Besz, was convicted of possession of a controlled substance and sentenced to 18 months' probation. She timely appeals from the judgment of the court below, specifically challenging the sufficiency of the evidence in this case in several respects. First, defendant argues that the State failed to prove beyond a reasonable doubt the existence of an adequate chain of custody between the substance recovered at the apartment and that tested by the laboratory, alleging, as well, that the physical descriptions of the substance were discrepant. Defendant further argues that the State failed to prove beyond a reasonable doubt an adequate foundation for the admission of the results of the test identifying the substance as cocaine or the testimony of the person who performed the test. Finally, defendant argues that the State failed to prove beyond a reasonable doubt that she had constructive possession of the substance.
The following evidence was adduced at the bench trial held on November 7, 2001. The State first called Officer Mieszala, who testified that, at approximately 2 a.m. on February 15, 2001, he and Officer Paoletti responded to a drug overdose call at 2906 74th Court in Elmwood Park. The officers were met at the door by co-defendant Bart Szalaj, who told the officers that his girlfriend was "freaking out on drugs." Szalaj led them to the basement, where defendant was sitting, semiconscious, on a bed. The dimensions of the "cramped," one-room apartment were either "ten by ten" or "twelve by twelve." Defendant appeared to Mieszala to be under the influence of "mind-altering drugs" and was not responsive to the officers' questioning. The paramedics arrived two minutes later and treated defendant.
Mieszala further testified that he observed Paoletti find a plate with white powder residue on it, along with a straight razor, on the ground. Paoletti then turned to look at the television stand and produced a clear plastic bag containing a white powder substance. Paoletti retained the bag. When presented with People's exhibit B, Mieszala identified it as the "clear plastic bag containing the white powder substance that Officer Paoletti found in the TV stand." On cross-examination, Mieszala testified that there were other apartment units in the basement of the building and that he did not find any leases or utility bills in the apartment with defendant's name on them. Mieszala also stated that he did not see defendant physically possess the substance found at the apartment.
The State next called Officer Juntunen, who testified that he also responded to the overdose call. He observed Paoletti recover the plate and razor blade and a plastic bag, all of which Paoletti then handed to him. He did not see from where Paoletti recovered the plastic bag. When presented with People's exhibits C and D, Paoletti identified them as the white substance in the plastic bag and the plate, respectively. On cross-examination, Juntunen testified that he never saw defendant in possession of any cocaine or marijuana.
The State then called Sergeant Fagiano, who testified that he was called to the Elmwood Park police station on the night of the incident and spoke to defendant at approximately 5:30 a.m. Defendant told him that a friend brought over the cocaine that night, they played video games, and eventually they did 8 to10 lines of cocaine together off a kitchen plate. Defendant then passed out, remembering only that the paramedics had helped her. She stated that they placed the bag containing the cocaine underneath the television stand. The friend who brought the cocaine left the apartment at 1:30 a.m., leaving the cocaine there for defendant and Szalaj to hold.
The parties entered the following stipulation, in relevant part: "[I]f called to testify the State would call Bradley Fleming. He would testify that items were submitted to the Illinois State Police Forensic Science Division under laboratory case number W1001038; that the items submitted was [sic] 69.2 grams of a chunky substance in one baggie; that the findings were cocaine." At that point, exhibits A, B, C, and D were admitted into evidence without objection by defendant.
Throughout trial, the defense focused on the possession element of the crime. Defense counsel argued that defendant did not have control over the premises where the cocaine was found and, thus, she did not have constructive possession of it. In developing this argument, defense counsel acknowledged that the substance at issue was cocaine, but claimed that defendant only had possession of the 8 to10 lines that she ingested, rather than the "large chunk of cocaine" found in the apartment on the television stand and entered as an exhibit at trial. Defendant moved for a directed finding on this basis, which the court denied.
At the conclusion of the trial, defendant was convicted of possession of cocaine in an amount between 15 and 100 grams, pursuant to section 402(a) of the Illinois Controlled Substances Act (720 ILCS 570/402(a) (West 2000)). Defendant filed a motion for new trial, reiterating the argument regarding constructive possession. Defendant argues on appeal that the evidence was insufficient to support her conviction. We disagree and affirm her conviction for the reasons that follow.
The elements required to establish defendant's guilt of the offense of possession of a controlled substance are: (1) the identity of the substance at issue, i.e., that it is a controlled substance in the proper amount; and (2) that defendant knowingly possessed that substance. 720 ILCS 570/402 (West 2000); see also People v. Hagberg, 192 Ill. 2d 29, 34 (2000). When a defendant challenges the sufficiency of the evidence, it is our task to determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. People v. Collins, 106 Ill. 2d 237, 261 (1985); Jackson v. Virginia, 443 U.S. 307, 61 L. Ed. 2d 560, 99 S. Ct. 2781 (1979). Defendant argues that the State's evidence in this case was insufficient to prove either element beyond a reasonable doubt and, accordingly, asks that this court reverse her conviction.
We begin by noting that there are two components to defendant's argument regarding the first element of the offense - the identity of the substance at issue. First, defendant claims that the State failed to establish an adequate foundation for the admission of the results of the test identifying the substance as cocaine in the proper amount because neither the tester's qualifications nor the "evidentiary basis" for his opinion was ever established. Second, she claims that the State failed to establish the existence of an adequate chain of custody between the substance recovered at the apartment and that tested by the laboratory, specifically asserting that the physical descriptions of the items were at variance with one another. Defendant claims that, as a result of these alleged deficiencies, the State failed to prove beyond a reasonable doubt the element of the identity of the substance. Thus, it is our task in this case to review the record, in the light most favorable to the prosecution, for evidence supporting the court's finding that the substance recovered from the apartment was indeed cocaine in the amount of 15 to 100 grams. For the reasons that follow, we find that the evidence in this case was sufficient to convince the court, beyond a reasonable doubt, of this fact.
We first address defendant's argument regarding the admission of the stipulated expert testimony, as our determination of that issue serves as a predicate for our discussion of the "chain of custody" component of defendant's argument. Defendant claims that the stipulated testimony was admitted without "the necessary proof," citing People v. Raney, 324 Ill. App. 3d 703 (2001). Specifically, defendant claims that the stipulation in this case was entered without the State having offered evidence: (a) identifying what tests were actually performed on the subject substance; (b) indicating that the tests actually performed were of a type generally accepted and relied upon in the field; (c) showing that the equipment used to perform the test was functioning properly at the time the tests were performed; (d) explaining why the opining expert believed the results of the tests were accurate; or (e) identifying the tester's qualifications.
In Raney, the court found that the State failed to establish the proper foundation for the admission of the results from a gas chromatography mass spectrometer (GCMS) machine that was used to test the suspect substance in a drug possession case. The Raney court found that there was no proof as to the method used to record the data provided by the GCMS machine; whether the machine was functioning properly at the time of the test; how the machine was calibrated; or why the expert knew the results were accurate. Raney, 324 Ill. App. 3d at 710. As a result, the court reversed the defendant's conviction. Raney, 324 Ill. App. 3d at 711.
We find it significant, however, that the evidence contested in Raney was not entered by stipulation but, rather, by live testimony of the forensic expert who ran the test. In addition, the defendant raised the issue at trial by contesting the expert's lack of qualifications, moving for a directed finding on the basis that an inadequate foundation had been laid for the expert's testimony, and also reiterating the issues during closing argument. Raney, 324 Ill. App. 3d at 705. Thus, the facts in Raney are significantly distinguishable from those before us.
In this case, defendant not only failed to raise any argument regarding the admission of the expert testimony either at trial or in her posttrial motion, but she also took part in its offering into evidence, by agreeing to enter it through a stipulation. Accordingly, we find that defendant has waived this issue. See People v. Enoch, 122 Ill. 2d 176, 186 (1988) (both a specific objection at trial and raising the issue in a posttrial motion are required to preserve an issue for review).
Defendant attempts to get around the wavier rule by characterizing the challenge as an attack on the sufficiency of the evidence, rather than its admissibility. See Enoch, 122 Ill. 2d at 190 (claim as to the sufficiency of the evidence is not subject to forfeiture). This court, however, has previously rejected this very argument in People v. DeLuna, 334 Ill. App. 3d 1, 20 (2002).
In DeLuna, the court explained that an attack regarding the proper foundation for expert testimony bears on the admissibility of the evidence rather than the sufficiency. DeLuna, 334 Ill. App. 3d at 20. The court explained:
"Arguably, sufficiency involves absence of proof of a basic
element of the crime. Defendant here is not challenging the
lack of proof as to the existence of an element of the crime,
since [the expert] testified to the identity of the controlled
substance. The challenge is to the failure to lay a proper
foundation for the proof of that element. This goes to a
determination of its admissibility, rather than sufficiency of
the evidence presented." (Emphasis added). DeLuna, 334 Ill.
App. 3d at 20.
Citing People v. Lopez, 242 Ill. App. 3d 160, 162 (1993), the DeLuna court further noted that exceptions to the waiver rule are made where the allegation of error would not normally be expected to be included in a posttrial motion. DeLuna, 334 Ill. App. 3d at 19-20. Because foundation errors would normally be expected to be included in a trial objection or posttrial motion, the court found that the defendant had waived them by his failure to raise them before his appeal. DeLuna, 334 Ill. App. 3d at 19-20. The court aptly observed that had an objection been timely made, the State could have cured the errors. DeLuna, 334 Ill. App. 3d at 20.
The DeLuna court relied on People v. Bynum, 257 Ill. App. 3d 502 (1994), in making its determination. In Bynum, also a possession case, the court found that the expert's failure to testify that the machine used to test the substance at issue was a device generally relied upon by experts in her particular field and her failure to explain how the machine was calibrated or why she knew its results were accurate would have precluded the admission of her testimony at trial. Bynum, 257 Ill. App. 3d at 514. However, because the defendant did not object to the expert's testimony on the grounds of the foundation at trial but, rather, on the grounds of hearsay only, the court found that the defendant had waived the foundation argument. Bynum, 257 Ill. App. 3d at 514. The court explained:
"The rule requiring defendant to make a specific objection is
particularly well suited for application when a defendant
argues on appeal that the State has failed to lay the proper
technical foundation for the admission of evidence. This is
so because a timely and specific objection allows the State
the reasonable opportunity to correct any deficiency in the
foundation proof." Bynum, 257 Ill. App. 3d at 514-15.
We find that this rule is even better suited to apply in situations, such as in the instant case, where the defendant not only failed to raise an objection during live testimony but actually took part in the offering of the testimony through stipulation.
The court's analysis in People v. Williams, 200 Ill. App. 3d 503 (1990), is instructive. In Williams, also a possession case, the court refused to subject to any further scrutiny a stipulation as to a chemist's testimony regarding his analysis of the substance at issue. The court found that the result of the parties' agreement to present the chemist's testimony by stipulation, in a brief and summary fashion, was to remove from the case any issue of the expert's qualifications, the chain of custody, or the weight and chemical composition of the suspect materials. Williams, 200 Ill. App. 3d at 516. The court reasoned that the State would not have agreed to the stipulated testimony, thereby foregoing the opportunity to place the chemist on the witness stand, where he could have described in detail his qualifications, findings, and tests used, "were not the stipulation intended, in part, to eliminate the need for defending his testimony against a challenge to its sufficiency." Williams, 200 Ill. App. 3d at 516.
The Williams court further noted that in reliance on the stipulation, defendant's trial counsel focused on other theories and aspects of the defense - specifically, defendant's constructive possession of the drugs. Williams, 200 Ill. App. 3d at 516. The court noted:
"Throughout the course of the trial, no question was raised
concerning the evidence presented by [the expert] or its
sufficiency to support any element of the charged offenses.
Nor did the defense offer any additional testimony or evidence
to contradict [the expert's] statements. In his argument for
a directed finding of not guilty at the close of State's
evidence, and in his closing argument, defense counsel focused
almost entirely on the issue of [the defendant's] constructive
possession of the drugs. Defendant's written motion for a new
trial, while containing the boilerplate language that the
prosecution failed to prove his guilt beyond a reasonable
doubt and to prove every material allegation in the indictment
beyond a reasonable doubt, addressed with specificity only the
constructive possession issue. Outside of [the expert's]
stipulated testimony, the weight and composition of the drugs
are nowhere discussed." Williams, 200 Ill. App. 3d at
Similarly, the defense counsel in the instant case focused on the issue of the defendant's constructive possession of the drugs both at trial and in his motion for new trial. Additionally, the weight and composition of the drugs are not discussed in this case anywhere but the stipulated testimony. Thus, we find that defendant in this case, much like the defendant in Williams, intended to stipulate to the weight and identity of the cocaine in this case in order to develop a defense theory regarding her possession. See also People v. Miller, 218 Ill. App. 3d 668, 671-72 (1991) (the court found that the stipulated testimony of two chemists offered by the State to prove the weight and identity of seized drugs was not subject to further review by the court because it, too, was the only evidence of record concerning that element of the possession charge, the defense counsel focused on a different theory at trial, and the issue was not specifically addressed in defendant's motion for new trial).
We draw from the logic in Williams, Miller, and DeLuna in concluding that defendant should have previously raised any issue regarding foundation, had she not intended for the stipulation to be entered for the purpose of establishing the identity and weight of the drugs. If we were to allow defendant to object to the admission of the stipulation for the first time on appeal, such would amount to our condonation of a party's attempt to inject error into the record. See People v. Gacy, 103 Ill. 2d 1, 74 (1984) (the court found that to review an issue regarding the failure to give a jury instruction limiting the use of statements, to which defendant stipulated and on which he relied as part of his defense strategy, would permit the defendant to inject error into his own case - thus, the issue was waived by defendant's failure to object at trial).
Thus, we hold that where a defendant offers to stipulate to the admission of an expert's testimony without raising an objection as to whether the proper foundation for the testimony had been laid, then later relies on that testimony as part of his defense, the defendant may not raise the issue for the first time on appeal.
In so holding, we note that different courts have taken a different approach, yet have arrived at the same conclusion as we have in this case. In both People v. Rucker, No. 1-01-3617 (August 19, 2003), and People v. Washington, No. 1-02-2919 (September 30, 2003), the defendants challenged the admission of stipulated expert testimony, arguing that "the State failed to '(1) identify what tests were performed; (2) indicate that any equipment used in performing the tests was functioning properly at the time of the testing; or (3) explain why the chemist knew that his results were accurate.' " Rucker, slip op. at 22; Washington, slip op. at 15. Both courts found that the defendants' challenges to the foundation laid for the expert testimony were indeed claims attacking the sufficiency of the evidence and, thus, not subject to waiver. Rucker, slip op. at 23; Washington, slip op. at 14. As such, the courts entertained the defendants' arguments, despite their failure to raise the issue at trial. The end result was the courts' finding that the evidence was nevertheless sufficient. Thus, we note that, though we employ a different theory to arrive at our decision in this case, the outcome is the same.
The second aspect of defendant's challenge to the sufficiency of the evidence establishing the identity of the cocaine in this case concerns the "chain of custody" of the substance at issue. Defendant claims, first, that the State failed to establish the identity of the substance as cocaine because the physical description given of the substance taken from the apartment differed from that which was tested and, second, that the State failed to overcome this discrepancy by proving an uninterrupted chain of custody. Again, the State argues that defendant is raising a foundational argument which was not preserved and asks that we find waiver. Defendant, however, once more contends that she is challenging the sufficiency of the evidence in this case rather than the admissibility. Because we find the chain of custody issue raised by defendant is entirely without merit in light of the record in this case, we need not address the parties' arguments regarding waiver.
The record reveals that in moving for a directed finding on the element of defendant's possession of the substance at issue, defense counsel stated, "it would be my argument, Judge, that even in the light most favorable she did not possess, actually or constructively, the exhibit which is before you, which was located in the apartment where she was." By this statement, and various others acknowledging that the plastic bag found in the apartment contained cocaine, defense counsel resolved any gaps in the chain of custody that might have been caused by a discrepancy in the description of the substance. *fn1
It is clear that defendant took the position at trial that the large chunk of white substance found on the television stand was the exhibit identified by the officers at trial, and that it was indeed cocaine. Thus, as defendant conceded this ultimate fact at trial, she is now estopped from arguing that there was insufficient evidence in support of that fact. See People v. Johnson, 334 Ill. App. 3d 666, 680 (where the defense counsel conceded the ultimate issue of the identity of the controlled substance recovered as evidence in the case, the court found that defendant had forfeited the right to raise a foundation argument on appeal).
Accordingly, we find the evidence in this case was sufficient to establish, beyond a reasonable doubt, the element concerning the identity of the substance as cocaine in the proper amount. We look next to the evidence supporting the second element of this crime - defendant's possession of that cocaine.
We begin by noting that it is not necessary for the State to prove actual possession, if constructive possession can be inferred. People v. Neylon, 327 Ill. App. 3d 300 (2002). Evidence that a defendant knew drugs were present and exercised control over them establishes constructive possession. People v. Jones, 295 Ill. App. 3d 444, 453 (1998). Knowledge may be shown by the evidence of conduct from which it may be inferred that the defendant knew the contraband existed in the place where it was found. People v. Smith, 288 Ill. App. 3d 820, 824 (1997). This evidence, establishing constructive possession, is often entirely circumstantial. People v. Minniweather, 301 Ill. App. 3d 574, 580 (1998).
In this case, the State introduced ample circumstantial evidence of defendant's constructive possession of the cocaine such that a rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Specifically, the record reveals that the defendant was found in the apartment, passed out from a drug overdose. Drugs were found on a television stand in the same room where she was found. The size of the room was roughly 10 to 12 feet by 10 to 12 feet. Defendant admitted to Sergeant Fagiano that she had ingested 8 to 10 lines of cocaine off a kitchen plate, and thereafter the bag that contained the cocaine was put under the television stand. She further explained to Fagiano that her friend had brought the cocaine over and had left it for defendant and Szalaj to hold.
In sum, the evidence showed that defendant had knowledge of the presence of the cocaine in the place that it was found and that it was in her immediate and exclusive control, because she ingested it. Because defendant once had physical control of the cocaine with intent to exercise control on her own behalf, and she did not abandon it and no other person obtained possession, the evidence is not so improbable or unsatisfactory as to create a reasonable doubt of her guilt. See People v. Adams, 161 Ill. 2d 333, 345 (1994) ("Constructive possession may exist even where an individual is no longer in physical control of the drugs, provided that he once had physical control in his own behalf, and he has not abandoned them and no other person has obtained possession").
We note that defendant's argument, that she was a "mere visitor" to the apartment from which the cocaine was seized and, therefore, she had no "control" by which to infer that she had possession of the cocaine, has been rejected by the Illinois Supreme Court:
"Proof that a defendant had control over the premises where
the drugs were located can help resolve [the issue of
possession] because it gives rise to an inference of knowledge
and possession of the drugs [citation], but it is not a
prerequisite for conviction. Indeed, not only does a
defendant not need to control the premises, he does not even
need to have actual, personal, present dominion over the drugs
themselves." (Emphasis added.) Adams, 161 Ill. 2d at 345.
In this case, because defendant admitted that she had knowledge of the presence of the cocaine, her control of the apartment was not even relevant. Adams, 161 Ill. 2d at 345.
We find, after reviewing the evidence in the light most favorable to the prosecution, that the evidence was sufficient to support a rational trier of fact's finding, beyond a reasonable doubt, that defendant had possession of the cocaine.
QUINN, P.J., and THEIS, J., concur.
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