People v. Coleman

704 N.E.2d 690, 301 Ill. App. 3d 37, 235 Ill. Dec. 117, 1998 Ill. App. LEXIS 779
CourtAppellate Court of Illinois
DecidedNovember 10, 1998
Docket1-97-1456
StatusPublished
Cited by31 cases

This text of 704 N.E.2d 690 (People v. Coleman) 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. Coleman, 704 N.E.2d 690, 301 Ill. App. 3d 37, 235 Ill. Dec. 117, 1998 Ill. App. LEXIS 779 (Ill. Ct. App. 1998).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Defendant, Ronald Coleman, was indicted for possession with intent to deliver a substance containing cocaine, possession with intent to deliver 15 grams or more, but less than 100 grams, of a substance containing heroin, and possession with intent to deliver a substance containing marijuana. Following a bench trial, defendant was convicted of possession with intent to deliver 15 grams or more, but less than 100 grams, of a substance containing heroin. On February 20, 1997, defendant was sentenced to six years in the Illinois Department of Corrections. On appeal, defendant contends that: (1) he was not convicted beyond a reasonable doubt for possession of a controlled substance with intent to deliver; (2) defendant received ineffective assistance of counsel where trial counsel stipulated to positive results of laboratory tests for heroin in an amount that was much greater than the amount actually tested; and (3) the trial court abused its discretion in denying defendant’s motion to vacate the stipulation to 70.2 grams of heroin.

BACKGROUND

Prior to trial, defendant filed a motion to quash his arrest and suppress evidence. At the hearing on defendant’s motion, Teesha Coleman, a codefendant, testified that on May 9, 1994, she arrived at 5500 South Shore Drive, apartment 409, between 7 p.m. and 7:15 p.m. Coleman was in the apartment with defendant, Lucille Hampton, Michelle Searcy, Leroy Peterson, and Kenneth Bell. Between the time Coleman arrived at the apartment until approximately 12:15 a.m., she and the others were telling jokes, playing cards, and watching the Gacey execution on television. At approximately 12:15 a.m., Peterson, Coleman, Searcy, Hampton, and Bell were in the process of leaving the apartment to get something to eat and were standing near the door. Defendant was in the kitchen turning off the lights. Peterson touched the doorknob to walk out and the lock on the door made a clicking sound. After the door was unlocked, four police officers rushed into the apartment with guns in their hands and instructed everyone to get down on the floor. No one in the apartment opened the door for the police or gave them permission to enter, and the police had neither search nor arrest warrants. When police officer Paul Chester came into the apartment, he shoved the door open and knocked Peterson to the floor. Everyone else was also put on the floor. After searching the apartment, the police recovered narcotics from under a cocktail table and arrested all six of the occupants.

Defendant testified consistently with Coleman’s testimony and noted that, at 12:15 a.m., he was in the kitchen of the apartment when he heard someone tell him to freeze and get down. Defendant asserted that he did not have narcotics in his jacket when the police entered the apartment, and he never gave his consent or permission for the officers to enter the apartment.

Vincent Avery, a Chicago police officer assigned to the gang tactical unit, testified that on May 10, 1994, he and his partner, police officer Paul Chester, were on patrol in the area of 5500 South Shore Drive. Avery received a radio call regarding narcotics being sold at 5500 South Shore Drive, apartment 409. After entering the building and locating apartment 409, Avery heard loud music, television, male and female voices discussing narcotics dealings and packaging, and the purchases these individuals planned to make with their narcotics proceeds. Based upon these conversations, Avery went to the first floor to radio for backup help.

After two additional police officers arrived, the three officers returned to the fourth floor and listened outside the apartment with Chester .for approximately 45 minutes. Officers Avery and Chester were to the left of the door and the backup officers were to the right of the door. Avery observed the doorknob move and defendant took a step outside the door, turning to tell someone to lock the door behind him. When the defendant’s body turned, Avery observed a plastic bag protruding from his coat pocket. Suspecting narcotics, police officer Avery grabbed defendant by the arm and pinned him against the wall. Thereafter, he observed a similar bag in the opposite pocket.

Police officer Chester’s testimony was similar to Officer Avery’s. In addition to relating the same sequence of events up to when the officers entered the apartment, Chester testified that he observed a clear plastic bag protruding from defendant’s pockets that was similar to bags later found on the cocktail table inside the apartment. He indicated that he observed narcotics activity from outside the threshold of the door and, thereafter, he and the other officers recovered narcotics from plain view on the cocktail table. Subsequently, they arrested the other five individuals inside the apartment.

Following argument, defendant’s motion to quash his arrest and suppress evidence was granted in part and denied in part. The trial court observed that the warrantless search of the apartment was based upon neither probable cause nor exigent circumstances and, therefore, suppressed all of the evidence seized in the apartment as to defendant. However, the court felt that the police officer’s testimonies regarding narcotics recovered from defendant’s person outside the apartment were believable; therefore, the State had the right to present evidence to that effect.

A bench trial took place on December 3, 1996. The State presented police officers Avery and Chester as witnesses. Officer Avery testified consistently with his previous testimony at the suppression hearing. However, Chester admitted that he did not personally observe anything protruding from defendant’s pockets. Rather, once Avery had defendant pinned against the wall, he stepped around them and entered the apartment.

Following the State’s presentation of witnesses, the following stipulation was entered:

“MS. HUGHES: Judge, against the Defendant Ronald Coleman, it is stipulated between and by the parties that the chain of custody was at all times properly kept and preserved, recovered evidence inventoried under No. 1321885, that Thomas Halloran is and would be qualified to testify as an expert and to render an expert opinion that within a reasonable degree of scientific certainty in the field of forensic chemistry that said expert did analyze and weigh the evidence inventoried as indicated above, properly employing tests and procedures properly recognized and accepted in the scientific community for ascertaining the presence of a controlled substance.
That in doing so, said expert found the evidence in this case to be positive for heroin in the amount of 70.2 grams. So stipulated?
MR. MARK SOLOCK: So stipulated.”

The trial court further allowed defendant to enter the transcripts from the suppression hearing into evidence for cross-examination and during his case in chief. Following arguments, defendant was acquitted of the cocaine and marijuana charges but convicted of possession of heroin with intent to deliver.

On February 14, 1997, defendant filed a motion for a new trial. Defendant also filed a motion to reopen trial evidence to show that an automatic door-locking device was present on the door of the apartment, which was granted.

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Cite This Page — Counsel Stack

Bluebook (online)
704 N.E.2d 690, 301 Ill. App. 3d 37, 235 Ill. Dec. 117, 1998 Ill. App. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coleman-illappct-1998.