People v. Bartimo

803 N.E.2d 596, 345 Ill. App. 3d 1100, 281 Ill. Dec. 192, 2004 Ill. App. LEXIS 25
CourtAppellate Court of Illinois
DecidedJanuary 15, 2004
Docket4-03-0351
StatusPublished
Cited by12 cases

This text of 803 N.E.2d 596 (People v. Bartimo) 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. Bartimo, 803 N.E.2d 596, 345 Ill. App. 3d 1100, 281 Ill. Dec. 192, 2004 Ill. App. LEXIS 25 (Ill. Ct. App. 2004).

Opinions

JUSTICE TURNER

delivered the opinion of the court:

In March 2002, the State charged defendant, Anthony W. Bartimo, with unlawful possession of a controlled substance, unlawful use of a weapon, and unlawful possession of cannabis. In July 2002, defendant filed a motion to suppress, which the trial court denied. In January 2003, the trial court found defendant guilty of unlawful use of a weapon and unlawful possession of cannabis. The court denied defendant’s posttrial motion and sentenced him to 24 months’ probation on each offense.

On appeal, defendant argues (1) the trial court erred in denying his motion to suppress, (2) he was wrongfully convicted of unlawful use of a weapon, and (3) he received ineffective assistance of counsel. We affirm.

I. BACKGROUND

In March 2002, the State charged defendant by information with (1) unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)), alleging he knowingly possessed less than 15 grams of a substance containing cocaine; (2) unlawful use of a weapon (720 ILCS 5/24 — 1(a)(4) (West 2002)), alleging he knowingly possessed in a vehicle a 9-millimeter handgun; and (3) unlawful possession of cannabis (720 ILCS 550/4(c) (West 2002)), alleging he knowingly possessed more than 10 grams but less than 30 grams of a substance containing cannabis.

In July 2002, defendant filed a motion to suppress evidence, alleging he was illegally seized by an officer for an expired license plate when the plates were valid as evidenced by a temporary sticker. In August 2002, the State dismissed the unlawful-possession-of-a-substance-containing-cocaine charge. In September 2002, the trial court conducted a hearing on defendant’s motion to suppress. Defendant testified he was driving his car on March 11, 2002, at about 11 p.m. He testified his license plates expired on November 30, 2001, but the “yellow ‘T’ sticker” extended them for 120 days. He received a new set of license plates a “few days prior to being stopped,” and they were in the backseat of the car when the officer pulled him over. The State moved for a directed finding on defendant’s motion, which the trial court denied.

The State called Woodford County deputy sheriff Shawn Trent, who testified he observed a black Audi on March 11, 2002, and he ran the registration plate on the vehicle. A dispatcher advised him the registration expired in November 2001. Prior to stopping the vehicle, Deputy Trent observed a November 2001 sticker on the back of the license plate. He then stopped the vehicle to investigate the status of the plates. After shining his spotlight on defendant’s vehicle, he noticed a temporary registration sticker. At the time of the stop, he was unaware of how long a “T” sticker was valid. The trial court found Deputy Trent had a “good-faith basis” to stop the vehicle because of the expired plates and denied defendant’s motion.

In January 2003, defendant’s bench trial commenced. Deputy Trent testified to the expired license plate and his stop of defendant’s vehicle. Upon approaching the vehicle, Trent noticed a “hard-cased shotgun or rifle case protruding from the trunk” and an unzipped soft-sided shotgun or rifle case on the floorboard of the backseat. Trent then asked defendant for identification and he presented a traffic citation in lieu of his license. Trent returned to his squad car and checked defendant’s license.

Upon returning to defendant’s car, Trent noticed defendant with his hand “behind the passenger seat,” which he later removed. Deputy Trent then asked defendant if he had any weapons in the vehicle. Trent stated defendant appeared “nervous” and advised him that he had a rifle in the trunk. When asked if he had other firearms in his vehicle, defendant responded “No.” When Deputy Trent asked for defendant’s consent to search the vehicle, defendant “did not respond.” Trent again asked defendant if he had any weapons in the vehicle. Appearing nervous, defendant reached toward “the center console passenger seat area like he was going to grab an object.” Trent again asked him about any other weapons, and defendant stated “he had a pistol in the laundry basket on the passenger seat next to him.” Trent then ordered defendant out of the car to “get him away from the pistol” and for officer safety. Trent began searching defendant, who “reached down towards his waistband consistent with producing a weapon,” and Trent handcuffed him. A frisk of defendant for weapons turned up a “wooden dugout,” a “one-hitter pipe,” and a “[Blaggie of cannabis” in his pants pocket. Trent searched the car and found cannabis and an unloaded 9-millimeter pistol in a nylon holster and “an ammunition pouch in the front of the holster with a loaded magazine” in another laundry basket in the rear seat. Trent also found a rifle in a case protruding from the car’s trunk area.

Defendant testified he uses his 9-millimeter handgun for target shooting, and he had targets and other similar items in his car when he was stopped. He stated he placed the handgun “all the way to the bottom of the [laundry] basket,” and it was unloaded and in a closed holster. He testified he could not have accessed the gun from the driver’s seat. When the officer returned to his car, defendant had his hand behind the passenger seat looking for his license plates. Defendant stated the holster did not completely cover the gun. He also admitted owning the marijuana on his person and in his car.

Following closing arguments, the trial court found defendant guilty of unlawful use of a weapon and unlawful possession of cannabis. In February 2003, defendant filed a posttrial motion for a new trial, alleging, inter alia, the State failed to prove him guilty of unlawful use of a weapon beyond a reasonable doubt and he received ineffective assistance of counsel. In March 2003, the trial court denied the motion. Thereafter, the court sentenced defendant to 24 months’ probation on each offense along with various fines. This appeal followed.

II. ANALYSIS

A. Motion To Suppress

Defendant argues the trial court erred in denying his motion to suppress. We disagree.

1. Standard of Review and Burden of Proof

In reviewing a motion to suppress on appeal, mixed questions of law and fact are presented. People v. Gherna, 203 Ill. 2d 165, 175, 784 N.E.2d 799, 805 (2003). A trial court’s assessment of witness credibility and factual determinations will be reversed only if manifestly erroneous. People v. Anthony, 198 Ill. 2d 194, 200-01, 761 N.E.2d 1188, 1191 (2001). However, the ultimate determination of whether the evidence is suppressed is entitled to de novo review. See People v. Crane, 195 Ill. 2d 42, 51, 743 N.E.2d 555, 562 (2001).

On a motion to suppress evidence, the defendant has the burden of proving the search and seizure were unlawful (725 ILCS 5/114 — 12 (West 2002)).

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People v. Bartimo
803 N.E.2d 596 (Appellate Court of Illinois, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
803 N.E.2d 596, 345 Ill. App. 3d 1100, 281 Ill. Dec. 192, 2004 Ill. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bartimo-illappct-2004.