People v. Chrisman Opinion corrected 11/12/02

779 N.E.2d 922, 334 Ill. App. 3d 1098
CourtAppellate Court of Illinois
DecidedOctober 29, 2002
Docket5-01-0343 Rel
StatusPublished
Cited by1 cases

This text of 779 N.E.2d 922 (People v. Chrisman Opinion corrected 11/12/02) 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. Chrisman Opinion corrected 11/12/02, 779 N.E.2d 922, 334 Ill. App. 3d 1098 (Ill. Ct. App. 2002).

Opinion

JUSTICE KUEHN

delivered the opinion of the court:

George and Michael Whittier, Kevin Barbie, Michael Chrisman, and David Hawkins found friendship back in their glory days at Bloomington High School in the mid-nineties. They traveled life’s journeys together until sometime prior to September of 2000, when the State of Illinois removed David Hawkins from his home in Bloomington and placed him in a prison cell. We do not know precisely when or why. We do know that after a prison stint of unknown duration, Hawkins was scheduled for release from Shawnee Correctional Center (Shawnee) on the morning of September 20, 2000.

Barbie, Chrisman, and the two Whittier brothers were not fine-feathered friends. As soon as September 20, 2000, arrived, the foursome hopped into Barbie’s minivan and drove the several hundred miles south, from Bloomington to Shawnee. They drove throughout the night and into the dawn for a welcomed reunion with their fallen comrade. They wanted to celebrate the moment, share in his rendevous with freedom, and take him back home to Bloomington. However, there would be no celebration that day. When the sun set on September 20, 2000, David Hawkins was the only one not confined to a jail cell.

The van arrived at Shawnee a few hours prior to Hawkins’ scheduled release. Having been told that there would be a considerable wait before the release, the foursome drove to a nearby McDonald’s restaurant and ate some breakfast. When they returned to the prison, George Whittier drove the minivan onto the prison grounds and parked it in the visitors’ parking lot. A prison official told them to close all of the van’s windows and to lock the van’s doors. They complied with the request to secure their vehicle and walked to the gatehouse door in an attempt to be in the visitors’ center when Hawkins was freed.

Chrisman had partied at the Lizards Lounge in Bloomington until shortly before he, Barbie, and the Whittier brothers journeyed south to pick up Hawkins. On the way to Shawnee he slept off the effects of some rather heavy drinking. However, he still smelled of alcohol when he walked into the visitors’ center. Someone reported the smell to prison officials. They summoned Johnson County deputies to search Barbie’s minivan. Barbie repeatedly refused their requests for a consent to search, until he was shown a sign at the prison entrance that warned everyone that they and their cars were subject to being searched. After the authorities explained that he had no privacy right to assert when on prison grounds, Barbie opened the van and agreed to the search. The search uncovered a small bag of marijuana under the driver’s seat and a half-empty bottle of cheap rum in a cooler in the back of the van. The Whittier brothers, Barbie, and Chrisman were immediately placed under arrest.

The State bypassed a prosecution for unlawful possession of cannabis and transporting open liquor in a motor vehicle, opting to charge all four travelers with the commission of two felony offenses. A two-count information was filed, charging the Whittier brothers, Barbie, and Chrisman with bringing contraband into a penal institution. The first count was predicated upon the small bag of marijuana; the second count dealt with the bottle of rum. The charges were brought under section 31A — 1.1(a)(3) of the Criminal Code of 1961 (720 ILCS 5/31A— 1.1(a)(3) (West 1998)), a section that covers situations where contraband is not brought into a penal institution but, rather, is placed near enough to the facility that prisoners could get their hands on it. Both counts alleged that the defendants knowingly placed contraband in such proximity to a penal institution as to give inmates access to the contraband.

George Whittier pled guilty. During the trial of Barbie and Chris-man, he was called by the defense and claimed sole ownership of the marijuana. He testified that the 11 grams seized by prison officials were all that remained from a $90-ounce purchase that he alone had made four days prior to the trip. He told the jury that no marijuana had been consumed in the van during the night’s journey en route to the prison. Whittier apparently did not want to have marijuana in his pocket when he went into the prison. He testified that he decided to slip the small bag under the driver’s seat of Barbie’s van while Barbie, Chrisman, and his brother slept.

Barbie testified in his own defense that he did not know that the marijuana was in the van. He also claimed that he had forgotten about the presence of the rum, which had been in the van for several days.

Chrisman also testified. He disavowed any knowledge of the marijuana or the rum. In a statement made to the authorities shortly after his arrest, he admitted knowledge of the rum. Chrisman tried to explain the earlier admission. He testified that Barbie told him about its presence only shortly before deputies were about to search the van. He insisted that he did not know it was there when he entered the prison or left the van to meet with Hawkins. Barbie corroborated this claim, stating that he disclosed the existence of the rum to Chrisman only moments before its discovery.

The State presented evidence that, as a matter of general prison routine, inmate work crews have access to the parking lot. The State did not present evidence that a specific work detail was assigned work on the parking lot on September 20, 2000. In fact, there was never any inmate on the parking lot the day in question.

The jury found Barbie guilty on both counts of the information. It acquitted Chrisman of knowingly providing inmate access to marijuana but found him guilty of giving inmates access to rum. Barbie and Chrisman were placed on probation and fined. They appeal their convictions.

There is but one challenge on appeal. Both appellants question whether the State established, beyond a reasonable doubt,- that they provided inmates access to prison contraband.

There is no dispute over the fact that marijuana and rum constitute items of prison contraband. Nor is there any question that the contraband was inside the van while it rested on the prison parking lot. While their knowledge of the contraband’s presence inside the van was contested at the trial, neither Barbie nor Chrisman raises a challenge to a finding of knowledge, implicit in the jury’s verdicts.

The sole question that we are asked to decide is whether the State proved, beyond a reasonable doubt, that either Barbie or Chris-man knowingly placed marijuana or rum in such proximity to prison confines as to give prisoners access to the marijuana or the rum. In weighing the legal sufficiency of the State’s evidence, we always view that evidence in a light most favorable to the State and ask whether any rational trier of fact could reach a finding of guilt based upon it. People v. Ortiz, 196 Ill. 2d 236, 259, 752 N.E.2d 410, 425 (2001). Here, the answer depends upon whether the prohibition against “knowingly *** plac[ing] an item of contraband in such proximity to a penal institution as to give an inmate access to the contraband” (720 ILCS 5/31A

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779 N.E.2d 922, 334 Ill. App. 3d 1098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chrisman-opinion-corrected-111202-illappct-2002.