People v. Crossley

603 N.E.2d 575, 236 Ill. App. 3d 207, 177 Ill. Dec. 505, 1992 Ill. App. LEXIS 1434
CourtAppellate Court of Illinois
DecidedSeptember 4, 1992
Docket1-89-1960
StatusPublished
Cited by11 cases

This text of 603 N.E.2d 575 (People v. Crossley) 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. Crossley, 603 N.E.2d 575, 236 Ill. App. 3d 207, 177 Ill. Dec. 505, 1992 Ill. App. LEXIS 1434 (Ill. Ct. App. 1992).

Opinion

JUSTICE RAKOWSKI

delivered the opinion of the court:

Defendant Dwayne Crossley and codefendant Pamela Edison were charged by indictment with one count of possession of a controlled substance with intent to deliver (Ill. Rev. Stat. 1987, ch. 561/2, par. 1401(a)(2)) and with one count of possession of cannabis with the intent to deliver (Ill. Rev. Stat. 1987, ch. SGVz, par. 705(d)). Defendant was also charged with two counts of unlawful use of a firearm by a felon (Ill. Rev. Stat. 1987, ch. 38, par. 24 — 1.1). Upon defendant’s motion, the trial court granted a severance and conducted simultaneous but separate trials on the charges against defendant and his codefendant Edison. Following the simultaneous bench trials, defendant was convicted of possession of a controlled substance with intent to deliver and of possession of cannabis with the intent to deliver, but was acquitted of the weapons charges. The trial court sentenced defendant to concurrent terms of 12 years and 5 years, respectively. The court also ordered that these sentences run consecutive to a sentence imposed by another judge for a prior conviction on an unrelated charge. Codefendant Edison, who is not a party to this appeal, was convicted of possession of a controlled substance and received a sentence of 30 months’ probation as well as a $500 fine.

On appeal, defendant contends that (1) he was deprived of his sixth amendment right to confront the witnesses against him by the court’s refusal to allow him to cross-examine codefendant Edison and by the court’s refusal to admit prior inconsistent statements made by Edison, (2) the State produced insufficient evidence to prove him guilty beyond a reasonable doubt, and (3) the sentences imposed on him were excessive and improper under Illinois law.

The record reveals that defendant was arrested October 6, 1987, and was subsequently charged by indictment with one count of possession of a controlled substance with intent to deliver, with one count of possession of cannabis with the intent to deliver, and with two counts of unlawful use of a firearm by a felon. Defendant waived his right to a jury and moved to sever his trial from that of codefendant Pamela Edison, who had been arrested with him on charges of possession of a controlled substance and of cannabis with intent to deliver. The trial judge granted defendant’s motion to sever and stated that he would hold separate but simultaneous trials. In making this ruling, the judge indicated that he would hear the State’s evidence only once and would permit separate cross-examination of the State’s witnesses. The trial judge stated that for each defendant, he would consider only the evidence which was properly admissible against that defendant.

When the trials commenced, the State called Officer James Bauer of the Chicago police gang crimes unit, who testified that at approximately 10 p.m. on October 6, 1987, he and another officer from the Burnham police department went to a residence at 14412 South Calhoun in Burnham, Illinois, to serve a search warrant on defendant, also known as Ameen Muhammad. According to Bauer, there were four vehicles parked outside the house, and two of the four were registered to the defendant. Two more vehicles, which were parked in the garage, displayed stickers indicating that licenses had been applied for. These stickers bore the name of Amad Muhammad. Bauer testified that the officers rang the doorbell, and defendant, who was wearing only a pair of pants, answered the door.

Upon entering the house, the officers told the occupants, which included defendant, codefendant Edison, and her three young children, to sit in the living room while they searched the premises. Bauer testified that he found a purse in the kitchen which contained an Illinois driver’s license and other identification cards which bore the name of codefendant Pamela Edison. The purse also contained $75 in cash and a plastic bag which held a white powder as well as a rock-like substance which Bauer suspected was cocaine. The officers also recovered a Smith & Wesson revolver from the master bedroom. Bauer testified further that the officers searched the basement and found a large tool box. Inside the tool box was a large plastic bag containing a brick of a white rock-like substance. Bauer stated that he observed drug paraphernalia on a work table in the basement and that the officers also discovered a locked safe in the basement.

Bauer testified that he went back upstairs and informed defendant and codefendant Edison of their Miranda rights. Bauer then requested the combination to the locked safe which had been discovered in the basement. Bauer testified that defendant said he would not open the safe for anyone. Bauer testified that he then returned to the basement, broke into the safe, and found $400 in cash as well as two handguns, three clear plastic bags containing a crushed green plant, and a small booklet. Bauer stated that when he asked codefendant Edison whose safe was in the basement, she replied that anything in the basement belonged to the defendant and that she never went down into the basement.

According to Bauer, codefendant Edison said that she had lived in the house with defendant for some time, and she also indicated that one of the children who lived there with them was defendant’s son. Defendant’s counsel objected to the admission of these statements, and the trial judge stated that he would consider them only with regard to the charges against codefendant Edison. Bauer testified further that defendant indicated that all but one of the cars parked outside belonged to him. Defendant stated that the Mazda belonged to Edison.

Bauer stated that when the search was completed, defendant and codefendant Edison were brought to the police station. Before leaving the house, both defendant and codefendant went into the master bedroom and changed their clothes.

Upon cross-examination by defendant’s counsel, Bauer acknowledged that all of the drugs, guns, and money recovered were found in closed containers, and none were in plain view. Bauer admitted that he recovered no contraband or keys when he conducted a search of defendant’s person. Bauer was also questioned about the registration for another car owned by defendant which reflected an address other than the residence searched.

During cross-examination by counsel for codefendant Edison, Bauer stated that defendant did not respond at all when Edison said that the items in the basement did not belong to her but were the defendant’s. Bauer testified further that Edison denied all knowledge about the safe. Bauer acknowledged that the search warrant which he executed did not bear Edison’s name, and he stated that the warrant was directed at defendant. Defendant’s counsel reiterated his standing objection to questions regarding the warrant and to Edison’s statements with regard to defendant. In response to these objections, the trial judge assured counsel that he would consider this evidence with regard to Edison alone.

The State next called Rosetta Driver, an employee of Independence Bank in Chicago, who testified that she was a safe deposit box attendant. Driver’s duties included maintenance of records for the safe deposit boxes and assistance of clients in their use of the boxes. Driver stated that defendant and Shirley Crossley rented safe deposit box number 0752 at the bank.

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Cite This Page — Counsel Stack

Bluebook (online)
603 N.E.2d 575, 236 Ill. App. 3d 207, 177 Ill. Dec. 505, 1992 Ill. App. LEXIS 1434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crossley-illappct-1992.