People v. Adams

903 N.E.2d 892, 388 Ill. App. 3d 762, 328 Ill. Dec. 232, 2009 Ill. App. LEXIS 99
Appellate Court of Illinois·Decided March 5, 2009·No. 3-07-0060·Published·Cited by 17 cases

Opinion

JUSTICE LYTTON

delivered the opinion of the court:

Following a hearing determining that he was not indigent, defendant Aaron Adams proceeded to trial pro se and was convicted of unlawful possession with intent to deliver a controlled substance and unlawful possession of a weapon by a felon (case No. 05 — CF—1250) (720 ILCS 570/401(a)(2)(A) (West 2004); 720 ILCS 5/24 — 1.1(a) (West 2004)). He was sentenced to concurrent terms of 8 years and 21!z years. He appeals, alleging that (1) he was not proven guilty of either charge beyond a reasonable doubt, and (2) his constitutional right to competent counsel was violated when the trial court found that he was not indigent. We reverse and remand.

STATEMENT OF FACTS

Defendant was charged in case No. 05 — CF—1250 with two counts of unlawful possession, two counts of unlawful possession with intent to deliver, and one count of unlawful possession of a weapon by a felon.

In addition to case No. 05 — CF—1250, defendant had been charged in two other unrelated cases, case No. 04 — CF—220 and case No. 06— CF — 934. Attorney William Loeffel represented defendant in the 2004 and 2006 cases. Defendant was represented by attorney Joel Brown in case No. 05 — CF—1250 until September 20, 2006, when his motion to withdraw was granted. Defendant requested a continuance to hire new counsel. The continuance was granted and the matter was postponed until October 3. At that time, defendant was given until October 11 to find private counsel. On October 11, defendant stated that he had secured a meeting with an attorney for October 12. The matter was again continued to October 18 to allow for this meeting. Defendant expressed concern that any attorney he was able to retain would not have time to adequately defend him. At the October 18 hearing, defendant requested a continuance because he was still unable to find an attorney willing to take his case. The motion was denied, and defendant then understood that he was to proceed to trial without an attorney.

The trial was scheduled to begin on October 23, 2006. However, attorney Brown refused to turn over defendant’s records, stating that he was holding them until defendant paid him a certain amount of money. Defendant sought a continuance until he could get the records but his request was denied.

The trial was eventually delayed to December 11, 2006, because there was no judge available. Prior to the trial date, defendant requested a public defender, and the court reconvened on November 29, 2006, for a hearing on the defendant’s indigency. The record does not disclose a completed affidavit of indigency form. In questioning by the court, defendant stated that he had been temporarily employed making $9 an hour but was currently unemployed, he had $300 to $400 saved, he did not have a house or an apartment, and he owned a 1975 Camaro. Defendant purchased the Camaro for $1,700, restored it and believed it was now worth approximately $6,000. The judge found that since defendant could use the equity in the car to hire private counsel, he did not qualify for the services of a public defender. He then admonished defendant to find counsel to protect his rights and, over defendant’s objection, set the matter for trial.

The jury trial began on December 11, 2006. Defendant represented himself. At the trial, the evidence showed that on November 2, 2005, several Peoria police officers executed a search warrant at 2117 North Peoria Street. Once inside the house, the officer discovered defendant and two females in the kitchen. Defendant attempted to flee the room but was apprehended. Five individually wrapped packets of powdered cocaine, weighing more than 15 grams, and $2,580 in cash were taken from his pants pocket. Officers found an off-white powder containing cocaine on the kitchen counter, along with a scale cover. The police also discovered approximately 34 grams of cocaine in a bedroom nightstand drawer. In the drawer next to the cocaine, officers found defendant’s driver’s license, a utility bill in the name of Cheri Baricuatro, and a photograph of defendant with Baricuatro. On top of the nightstand, officers recovered a scale, a video monitor and a loaded .32-caliber handgun. Cash totaling $800 was found in the top drawer of the nightstand. Other items found nearby included plastic baggies, a bottle of inositol powder, various court documents in defendant’s name and approximately $274 in cash in a safe.

Officer Jerry Bainter established a chain of custody for several exhibits. Bainter stated that the use of “tear off” baggies was “the most common way cocaine was packaged in Peoria.” According to his testimony, the discovery of scales, a video system and inositol, a chemical commonly used to “cut” cocaine, was indicative of a drug operation.

Defendant called two witnesses. Both testified that defendant did not live at 2117 Peoria Street.

The jury found defendant guilty of unlawful possession with intent to deliver and unlawful possession of a weapon by a felon. Defendant was sentenced to concurrent terms of 8 years and 21k years. Defendant filed a posttrial motion for a new trial claiming insufficiency of the evidence, denial of his sixth amendment right to confront witnesses against him, and denial of his right to assistance of counsel. Defendant also claimed that the trial court abused its discretion in finding him not indigent.

The trial court denied defendant’s motion for a new trial. The court then determined that he was indigent for purposes of the appeal and an appellate defender was appointed.

ANALYSIS

I

Defendant first argues that the State has presented insufficient evidence to prove him guilty beyond a reasonable doubt of either unlawful possession with intent to deliver or unlawful possession of a weapon by a felon.

The standard of review for claims challenging the sufficiency of the evidence is whether, after viewing all 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, 478 N.E.2d 267, 277 (1985). A court of review may not substitute its own judgment for that of the trier of fact on matters of credibility or weight of the evidence. People v. Beasley, 384 Ill. App. 3d 1039, 1046, 893 N.E.2d 1032, 1038 (2008).

To convict defendant of unlawful possession with intent to deliver, the State must establish (1) the defendant had knowledge of the presence of the controlled substance, (2) the controlled substance was in the immediate possession or control of the defendant, and (3) the defendant intended to deliver the controlled substance. 720 ILCS 570/ 401 (West 2004); People v. Ballard, 346 Ill. App. 3d 532, 541, 805 N.E.2d 656, 663 (2004).

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People v. Adams, 903 N.E.2d 892, 388 Ill. App. 3d 762, 328 Ill. Dec. 232, 2009 Ill. App. LEXIS 99 (Ill. Ct. App. 2009).

903 N.E.2d 892 (People v. Adams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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