People v. Canet

578 N.E.2d 1146, 218 Ill. App. 3d 855, 161 Ill. Dec. 500, 1991 Ill. App. LEXIS 1446
CourtAppellate Court of Illinois
DecidedAugust 26, 1991
Docket1-89-0502
StatusPublished
Cited by26 cases

This text of 578 N.E.2d 1146 (People v. Canet) 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. Canet, 578 N.E.2d 1146, 218 Ill. App. 3d 855, 161 Ill. Dec. 500, 1991 Ill. App. LEXIS 1446 (Ill. Ct. App. 1991).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

After a jury trial, defendant Alphonso Canet was found guilty of possession with intent to deliver more than 15 grams of a controlled substance (Ill. Rev. Stat. 1987, ch. 56V2, par. 1401), and he was sentenced to ten years’ imprisonment. The defendant appeals both the conviction and sentence.

In his search warrant affidavit, Chicago police officer Michael Plovanich swore to the following facts: On August 27, 1987, he spoke with a confidential informant (Cl). The Cl told Officer Plovanich that cocaine was being sold from a third-floor apartment at 1351 West Carmen Avenue. Officer Plovanich and the Cl formulated a plan whereby the Cl would purchase cocaine at 1351 West Carmen. The officer searched the Cl for money and contraband, but neither was found. In an undercover vehicle, Officer Plovanich drove the Cl to 1351 West Carmen and gave the Cl $50. The officer watched the Cl walk to and enter the 1351 West Carmen building. The Cl entered a third-floor apartment and met with an individual by the name “Alphonso.” Alphonso was described as being 28 years old, 5 feet 10 inches tall, 210 pounds, with dark brown hair and brown eyes. After a brief time, the Cl exited the building and sat in the car. Then, the Cl gave the officer one clear plastic bag containing white powder. The powder tested positive for cocaine.

Based upon Officer Plovanich’s affidavit, a search warrant was issued to search the man described above as Alphonso. The search warrant also specified the third-floor apartment at 1351 West Carmen. On August 28, 1987, Officer Plovanich and other officers executed the search warrant and, subsequently, arrested the defendant.

Before trial, defendant moved to quash the search warrant, contending that it lacked probable cause. After the trial court heard arguments, the court heard the defendant’s motion and stated “[b]ased upon the totality of the circumstances indicated in the search warrant I think there was sufficient probable cause for the issuance of the search warrant.”

Preceding the defendant’s trial, the court ruled that the assistant State’s Attorney could elicit testimony that the search warrant directed the search of a person named Alphonso and the third-floor apartment at 1351 West Carmen. However, the court would not allow testimony with respect to the substance of the search warrant.

At trial, the assistant State’s Attorney referred to a “court-ordered search warrant” five times. The assistant State’s Attorney began his opening statement with the following:

“Good police work, a little bit of luck, and a court-ordered search warrant is why we’re here today. *** On August 28, 1987, in the afternoon hours Chicago Police Officer Mike Plovanich appeared in court before a judge and obtained a court-ordered search warrant. The search warrant called for the search of a person by the name of Alphonso *** and *** the third floor apartment [at 1351 West Carmen].”

Then, the prosecutor informed the jury that Officer Plovanich would testify that he conducted the search and that, after entering the 1351 West Carmen apartment, the defendant sat in the kitchen. At this time, the prosecutor stated that “[the defendant] was handed a copy of the search warrant, the court-ordered search warrant.” After the assistant State’s Attorney described the search of the third-floor apartment and described some items that were found, the assistant State’s Attorney stated “[g]ood police work, a little bit of luck, and a court-ordered search warrant.” Subsequently, when the prosecutor described that cocaine was discovered, he stated “[g]ood police work, a little bit of luck, and a court-ordered search warrant.”

Additionally, Officer Plovanich testified that when he, Officers Joseph DiGiacomo and Patrick Feeney arrived at 1351 West Carmen, they went to the building’s gangway, where they saw a man who fit the warrant’s description.

Officer Plovanich also testified to the following: He approached the man on the gangway, identified himself as a police officer, and asked the man his name. The man said his name was Alphonso Canet. He told the defendant that he had a search warrant for him and the third-floor apartment. Officer Plovanich searched the defendant and found a clear plastic bag containing a white chunky substance in his coat pocket and a set of keys. Then, he went to the third-floor apartment, sat the defendant in the kitchen and handed him a copy of the search warrant. After the defendant read the search warrant, he said “what your [sic] looking for is in the office” and the defendant pointed toward the rear or middle bedroom. In the room the defendant described as an office, the officer found a triple beam scale, a plastic grinder, two clear plastic bags containing a “white chunky substance,” a shoe box that contained two larger clear plastic bags of a “white chunky substance” and a bank statement with the defendant’s name on it. The apartment had a living room, dining room, kitchen, bathroom and probably two other bedrooms. In an enclosed porch area, he thought there was a single bed and some children’s toys. On cross-examination, Officer Plovanich testified that he thought a child was living in the porch area and that at the time of the search, he knew that other people were living on the premises.

Also during the State’s case in chief, Officers DiGiacomo and Feeney testified. Their testimony was substantially similar to Officer Plovanich’s testimony.

Additionally, the State called Lori Lewis as a witness. She testified as an expert in forensic science chemistry. She testified to the following: She is employed as a forensic science chemist by the Chicago police department. She identified the bags of the “white chunky substance” as cocaine. She determined that the cocaine that was found on the defendant weighed 8.59 grams and that the cocaine found in the apartment’s “office” weighed 255.86 grams.

The State also called two other witnesses who testified that the Community Bank of Edgewater’s and the Peoples Gas’ records indicated that the defendant resided at 1351 West Carmen.

Thereafter, the defense called Martin Delboccio. He testified: He lives at 1351 West Carmen. Five people lived in the third-floor apartment, Delboccio, the defendant, Roger Hayes, Bernadette Fairchild and John Gomez. Usually, Gomez would sleep on the floor because there were only three bedrooms. However, sometimes the defendant stayed in the first-floor apartment with his mother and his 10-year-old brother. There was a sofa bed in the middle bedroom/office. Mrs. Fairchild lived in the middle bedroom/office half of the week. Her clothes were in the bedroom/office. Delboccio lived in the front bedroom and the defendant lived in the rear bedroom. Delboccio’s 18-year-old brother and the other individuals who lived at the third floor apartment had keys to the apartment, as did the defendant’s mother and brother. After Delboccio testified, the defense and the State rested.

During closing arguments, the prosecutor stated that “Officer Plovanich informed the [defendant that he had a court-order[ed] search warrant authorizing the search of his person and his apartment” and that “the [defendant sat down in the kitchen, presented with the search warrant, the court authorized search warrant.”

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 1146, 218 Ill. App. 3d 855, 161 Ill. Dec. 500, 1991 Ill. App. LEXIS 1446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-canet-illappct-1991.