People v. Alvarado

848 N.E.2d 269, 365 Ill. App. 3d 216, 302 Ill. Dec. 269, 2006 Ill. App. LEXIS 379
CourtAppellate Court of Illinois
DecidedMay 5, 2006
Docket2-05-0050 Rel
StatusPublished
Cited by1 cases

This text of 848 N.E.2d 269 (People v. Alvarado) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Alvarado, 848 N.E.2d 269, 365 Ill. App. 3d 216, 302 Ill. Dec. 269, 2006 Ill. App. LEXIS 379 (Ill. Ct. App. 2006).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Following a jury trial in the circuit court of Kane County, defendant, Francisco Alvarado, appeals his conviction of delivery of cocaine within 1,000 feet of a church (720 ILCS 570/401(d), 407(b)(2) (West 2002)). Defendant contends that, during jury selection, the State impermissibly used a peremptory challenge to exclude a potential juror on the basis of her race, in violation of the rule set forth in Batson v. Kentucky, 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712 (1986). Defendant also contends that there was insufficient evidence to convict him of cocaine delivery beyond a reasonable doubt. We remand for completion of the Batson hearing.

I. BACKGROUND

On August 14, 2003, defendant was arrested. Before trial, defendant filed a motion to suppress his statement to police,, contending that he had requested an attorney and that the statement was otherwise involuntary. Following a hearing at which the officers who attended defendant’s interview and defendant testified, the trial court denied defendant’s motion to suppress. The matter proceeded to a jury trial.

During the voir dire of the venire, the State questioned Norma Franco. Franco indicated that, about 15 or 16 years ago, her older sister was involved with drugs and sought help in ultimately overcoming her drug problem. Franco stated that she was not close to her sister at that time and was not involved in her sister’s rehabilitation and treatment. Franco indicated that her sister had not had contact with the criminal justice system as a result of her drug use. The State did not ask Franco individually any other questions regarding her family and her ability to serve on defendant’s jury. Following its questioning of the venire panel, the State used one of its peremptory challenges to exclude Franco. Defendant objected, and at a sidebar, the following colloquy occurred:

“MR. ZUELKE [Defense Counsel]: I don’t know, Judge, I think I would make a challenge to that at this time. She is the only — to me appears to be the only Mexican, of Mexican descent person we have in this entire venire. Her answers to me didn’t indicate anything different than any other answers, so I would make a challenge to their challenge, your Honor.
MS. LUND [Assistant State’s Attorney]: Judge, if I may. Thank you. The Defendant has not shown a prima facie case for Batson. First of all, there is no indication she is Hispanic.
Second of all, she indicated to a question to Miss Kirch [assistant State’s Attorney] that she has a sister that was involved with drugs. That would be a major concern for State.
Third, if you notice from her questionnaire, she has four children. They are very small. We were concerned about her attention and her time in this matter, considering she is young and has four children at home that would make it difficult to sit on the case for a day and a half.
But most importantly the reason the State struck her had to do with issues regarding a relative involved in narcotics. Nothing to do with her origins.
MR. ZUELKE: Miss Quinn [(prospective juror)] has two relatives with drug problems and Mr. Malenke [(prospective juror)] has a friend that got 8 years for selling drugs in another state.
MS. LUND: Obviously we’re not here to challenge the other people. They were kept on for independent reasons.
THE COURT: Under the circumstances I’m going to deny your request.”

The State used other peremptory challenges to strike other potential jurors, but no further Batson objections were raised.

Following the completion of voir dire and the selection of the jury, the trial court revisited the Batson issue over Franco:

“I know we’ve been going way beyond the hour and a half, but the Batson issue that you raised, I do want to make some additional comments that I didn’t at the time simply because of the timing.
I think we all recognize as it relates to Batson that there is really a three-step process in that regard. The first is for defendant to establish a prima facie case of purposeful discrimination by showing that the totality of the relevant facts give rise to an inference of discriminatory purpose. The defendant must show that he is a member of a cognizable racial group being singled out for differential treatment.
The Defendant must demonstrate the following: That is he [is] a member of a cognizable racial group; that the State exercised peremptory challenges to remove venire members of the defendant’s race; the facts and any relevant circumstance in the case raise an inference that the State exercised peremptory challenges to remove the prospective jurors based upon race.
And there are a number of relevant circumstances to consider in that regard: Racial identity between the defendant and the excluded juror; pattern of strikes against the cognizable group on a disproportionate basis; level of representation of the juror compared to the rest of the jurors; questions propounded prior to challenging the juror; the race of defendant, victim, and other witnesses.
And under those circumstances I again indicate that for purposes of this record I don’t believe the Defendant has made their [sic] prima facie showing.” 1

Defendant then requested the trial court to preserve all of the juror profiles for the record and the trial court appeared to agree to do so.

Following the trial, defendant was found guilty. Defendant’s motion for a new trial was denied and defendant was sentenced to a term of imprisonment of four years. Defendant timely appeals.

II. ANALYSIS

On appeal, defendant raises two issues. First, defendant argues that the trial court did not properly hold a Batson hearing regarding his objection to the State’s use of a peremptory challenge against juror Franco. Defendant contends that the trial court improperly collapsed the procedure and erroneously determined that defendant had not made a prima facie showing of racial discrimination. Alternatively, defendant argues that the State’s reasons for exercising its peremptory challenge against juror Franco were pretextual, requiring that he receive a new trial. Defendant’s second contention on appeal is that, due to shoddy police work and record keeping, a reasonable doubt exists as to whether he was the individual who sold the cocaine and, therefore, his conviction should be reversed.

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Related

People v. Little
2021 IL App (1st) 191108 (Appellate Court of Illinois, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
848 N.E.2d 269, 365 Ill. App. 3d 216, 302 Ill. Dec. 269, 2006 Ill. App. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alvarado-illappct-2006.