People v. Berrier

841 N.E.2d 1117, 362 Ill. App. 3d 1153, 299 Ill. Dec. 385, 2006 Ill. App. LEXIS 17
CourtAppellate Court of Illinois
DecidedJanuary 13, 2006
Docket2-04-0418
StatusPublished
Cited by46 cases

This text of 841 N.E.2d 1117 (People v. Berrier) 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. Berrier, 841 N.E.2d 1117, 362 Ill. App. 3d 1153, 299 Ill. Dec. 385, 2006 Ill. App. LEXIS 17 (Ill. Ct. App. 2006).

Opinion

JUSTICE O’MALLEY

delivered the opinion of the court:

Defendant, Randy Berrier, appeals his convictions of unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 2002)) and criminal damage to property (720 ILCS 5/21 — l(l)(a) (West 2002)). On appeal, defendant argues that (1) the trial court abused its discretion in reopening proofs and allowing the State to produce additional expert testimony regarding the elements of unlawful possession of a controlled substance; (2) he received ineffective assistance of counsel because his attorney reargued his motion for a directed verdict after the trial court’s initial ruling against him; (3) he received ineffective assistance of counsel because his attorney conceded his guilt on the criminal damage to property charge; (4) the State failed to prove him guilty beyond a reasonable doubt of unlawful possession of a controlled substance; and (5) the State failed to prove him guilty beyond a reasonable doubt of criminal damage to property. For the reasons that follow, we affirm.

Defendant was arrested on August 1, 2003, after two witnesses reported seeing him trying to break into a broken-down Ford Explorer automobile, and, upon his being processed for entry into the Du Page County jail, police discovered narcotics within his possession. He was charged with both crimes and a jury trial was held on January 21, 2004.

Defense counsel began his opening statement to the jury with the following:

“Two things that you can be certain of in this case. And there’s no doubt about it. I expect that you all expect I’m going to deny what the [Sítate had to say [in its opening argument] but it’s not true. Number 1 [defendant] broke into that vehicle on August lat [sic], 2003 but we are not contesting that at all. We expect at the end of this case that you will find guilty [sic] [defendant] guilty of criminal damage to property. He went out there that night. He was having a bad day. Decided to break into that car. There’s no doubt about that. Number two, that [defendant] did not possession [sic] controlled substance that night.”

Jason Coop was the first witness to testify for the State. He testified that, on the night of August 1, 2003, he and his work partner, Edward Salas, were traveling via northbound Interstate 355 in order to reach an Aurora jobsite, when Salas’s Ford Explorer stalled due to a transmission malfunction. The malfunction occurred approximately one-quarter of a mile past a tollbooth, and Salas was able to steer the car to the shoulder of the road. Coop said that the two men obtained a ride back to Salas’s house, where they picked up a second vehicle so that they could return to the broken-down Explorer. According to Coop, as the two men returned to the broken-down car, he saw a blue van, with its hood open, parked approximately two feet behind the Explorer. Coop testified that, when they pulled in front of the Explorer on the shoulder of the road, he saw defendant standing, facing toward the front of the Explorer, with his left arm reaching inside the cabin of the Explorer through the space where the right rear passenger window should have been. It appeared to Coop that defendant was trying to unlock the door from the inside, and he noted that the window, along with the rubber seal around the window, had been broken. Coop stated that, when the two men had abandoned the Explorer, its windows were not broken and its doors were locked.

Coop testified that he chased after defendant, who ran to his van, closed the hood, and drove away. Coop returned to Salas’s operational car and the two chased defendant for what Coop estimated was approximately 10 minutes. During the chase, they followed defendant as he exited the interstate, and they followed him through two red traffic lights in a city just off the interstate. After the two cars drove through the first red light, a police officer, whom Coop presumed to have seen the cars run the red light, activated his car’s lights and attempted to pull over the two cars. The chase continued, according to Coop, until defendant stopped his car in a pizzeria parking lot, jumped out of his van, and broke through a wooden fence to the left of his van as he ran away. Coop stated that, during the chase, he never lost sight of defendant’s vehicle.

During his testimony, Salas described his car’s malfunction and his and Coop’s return to the broken-down Explorer just as Coop had. He testified that, when the two returned to the location of the Explorer’s breakdown, he “couldn’t see [his] truck because there was a van directly behind it.” He noted that he thought the van was too close to his vehicle to have broken down in the same spot. He said that he pulled his car in front of the Explorer and tried to get out of the vehicle but that the door of the vehicle malfunctioned. He testified that he “noticed that somebody was trying to get into [his Explorer].” His recollection continued: “I saw the defendant hear [sic] on my passenger side with shatters [sic] glass. I could see it underneath with the reflection of lights when I pulled up.” Salas testified that defendant then drove away and Salas and Coop chased him for approximately 10 minutes. He stated that he lost sight of defendant’s vehicle for approximately five seconds when it drove behind a warehouse but otherwise never lost sight of it. Salas stated that defendant’s car came to a stop in a pizzeria parking lot, where defendant exited his car and ran through a fence. Salas testified that he owned the broken-down Explorer and that he never gave defendant permission to break the car’s window.

Officer Jeff Bean testified next for the State. He testified that, on August 1, 2003, he was employed as a patrol officer for the City of Woodridge, and, at approximately 9:20 p.m. during his patrol that night, he saw a sport utility vehicle and a van traveling at a high rate of speed through a red traffic light. He estimated that the cars were traveling approximately 50 to 60 miles per hour. Bean recalled that he followed the two cars and activated his lights and siren to pull the vehicles over, but they would not stop and they ran through a second red light during the chase. He said that the passenger in the sport utility vehicle, which was following the van, “had his arm out the window and was motioning me forward as if to keep going.” However, the officer stayed behind both cars. Bean stated that the cars each made two turns before stopping in a parking lot and that, by the time he caught up, the “van door was ajar. It appeared to be unoccupied and the two occupants in the victim’s vehicle were exiting out.” Bean testified that, after speaking with Coop and Salas, he notified his dispatch of the situation and relayed a description of defendant.

Officer Jeff Buck testified next. He stated that he was called to assist Bean during the incident in question. Buck testified that, after looking for approximately 10 minutes, he found defendant walking on a street approximately one block north of the parking lot where defendant had left his van. Buck arrested defendant and transported him back to the pizzeria parking lot. Both Buck and Bean testified that they did not conduct a search of defendant’s van.

The State next called Illinois State Trooper Eric Caho to testify.

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Cite This Page — Counsel Stack

Bluebook (online)
841 N.E.2d 1117, 362 Ill. App. 3d 1153, 299 Ill. Dec. 385, 2006 Ill. App. LEXIS 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berrier-illappct-2006.