People v. Davis

617 N.E.2d 1381, 187 Ill. Dec. 660, 248 Ill. App. 3d 886, 1993 Ill. App. LEXIS 1232
Appellate Court of Illinois·Decided August 12, 1993·No. 4 — 92—0369·Published·Cited by 30 cases

Opinion

JUSTICE COOK

delivered the opinion of the court:

A jury found defendant Terry Davis guilty of unlawful delivery of a controlled substance within 1,000 feet of property owned by a public housing agency. (Ill. Rev. Stat. 1991, ch. 56½, par. 1407(b)(2).) The trial court sentenced defendant to eight years of imprisonment. Defendant appeals, alleging (1) the trial court improperly admitted evidence of other similar drug offenses allegedly involving him, (2) the “other offenses” jury instruction given was incorrect and plain error (see Illinois Pattern Jury Instructions, Criminal, No. 3.14 (2d ed. 1981) (hereinafter IPI Criminal 2d)), and (3) the trial court erred by sua sponte instructing the jury before opening arguments concerning its function. We affirm.

Both defendant, Terry Davis, and his uncle, Gregory Davis (hereinafter Gregory), were charged. Gregory pleaded guilty and was sentenced to the Department of Corrections (DOC). Prior to trial defendant filed a motion in limine requesting the trial court prohibit the State from introducing evidence of other unindicted drug-related offenses allegedly involving defendant. The trial court denied the motion and the jury trial commenced on March 18, 1992.

The testimony revealed defendant’s arrest on November 20 was the result of an undercover operation involving “marked” money. Sergeant Gary Rollings of the Illinois State Police testified he was assigned to Task Force 10, the Decatur narcotics task force. Rollings photocopied money to be used in a staged drug buy from suspects and gave the money to the undercover officers who would buy the cocaine.

Scott Swan, an investigator with the Champaign County sheriff’s department, was working undercover on November 20. He drove through the 500 block of East King Street and saw a group of four men. He spoke to one of the men, Gregory, about buying a “rock,” referring to crack cocaine. Gregory said he had powder cocaine, agreed to make a sale, and told Swan to drive around the block. Swan did so and, upon his return, purchased cocaine from Gregory. Swan spoke only to Gregory and dealt only with Gregory. Swan could not identify the other three men standing around when the deal was made. Vernon Frost, an inspector with the Illinois State Police, rode with Swan during the undercover operation and basically corroborated Swan’s testimony. Frost also could not identify the other three men.

Patrick McElroy (Patrick), a Decatur police officer surveilling the scene from a block away, testified he received a radio call that the “deal had gone down.” He arrived at 555 East King Street in less than three minutes and saw defendant standing in front of a van holding currency in his hand. Four other people were also standing near the van. Patrick took the money from defendant’s hand and was able to match the serial numbers on the money with the previously copied serial numbers. He then placed defendant under arrest. Decatur police officer Jerry Wagoner testified the officers seized $592 from defendant.

Richard McElroy, a member of the tactical unit in the Decatur police department, testified he set up surveillance on November 20 approximately 75 feet from 555 East King Street. He was able to identify defendant as one of several men standing around in the area. McElroy saw some of the men approach the undercover vehicle after it had circled the block, then saw them walk back to the sidewalk before McElroy was given the signal to move into the area.

Outside the presence of the jury the State made an offer of proof regarding prior' surveillance by Richard McElroy. The trial court admitted the evidence over defendant’s objection, but gave a limiting instruction, both before and after its presentation, stating the evidence was offered only to show defendant’s intent or knowledge. Richard McElroy testified he had surveyed the area of 555 East King Street on approximately 15 separate occasions before the transaction on November 20. McElroy saw defendant at this location 10 to 12 times during his surveillance and saw both defendant and Gregory there together six to eight times. On the occasions when defendant and Gregory were both present at 555 East King Street, McElroy observed their involvement in hand-to-hand exchanges with people who approached them. Defendant would typically sit on a bench in front of the property near a fire barrel. A person would walk up to the area and hand defendant something. The person would then walk over to where Gregory was standing on the opposite side of the fire barrel, Gregory would hand something to him, then the person would leave the area. McElroy saw an estimated 25 hand-to-hand transactions involving various individuals and both defendant and Gregory. At times McElroy was able to see money exchanged. He testified he could not remember all of the surveillance dates but thought he began surveillance in September. McElroy stated he made only four reports from the approximately 15 surveillances. McElroy stated he filed two reports on November 8 and reports on November 10 and 12. He admitted defendant’s name was not on the November 8 or 10 report, and recalled defendant being present on only three of those occasions. McElroy said reports were made on those dates because subjects leaving the area were subsequently stopped and arrested.

The trial judge also admitted the State’s evidence of two specific drug transactions on August 23 and October 1 involving defendant in the 500 block of East King Street. The judge again gave a limiting instruction that the evidence was only to be considered for the purpose of knowledge or intent of defendant. In the first transaction, Patrick McElroy testified he met with an informant, Rodney Brady, on August 23, 1991, about 1:30 p.m. Patrick gave Brady money for a controlled buy of cocaine from defendant. The jury was shown a videotape of the transaction between Brady and defendant taken by Decatur police officer Edward Root. Brady basically corroborated Patrick’s testimony.

The second transaction occurred on October 1, 1991, also around 1:30 p.m. with Brian Latham, special agent with the Illinois State Police, and paid informant Willie Stewart. Latham and Stewart were involved with a purchase of cocaine from defendant and an individual named Tony Kinney at the same area on East King Street. Latham testified at trial that “Mr. Davis [defendant] stated it would be straight dope we are going to receive and that his boy would be out of the house in a couple of minutes with the dope.” Stewart also spoke to defendant for approximately one to two minutes. Defendant said that Kinney would take care of Stewart. Kinney brought the cocaine and defendant directed Latham and Stewart to the parking lot for the transaction. Stewart then made a hand-to-hand purchase from Kinney. Defendant stood about 40 feet away. Patrick McElroy testified that he conducted surveillance of this transaction and made the videotape which was presented to the jury.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Davis, 617 N.E.2d 1381, 187 Ill. Dec. 660, 248 Ill. App. 3d 886, 1993 Ill. App. LEXIS 1232 (Ill. Ct. App. 1993).

617 N.E.2d 1381 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Richmond
Appellate Court of Illinois, 2026
People v. Plote
2026 IL App (4th) 241092-U (Appellate Court of Illinois, 2026)
People v. Heintz
2024 IL App (3d) 230161-U (Appellate Court of Illinois, 2024)
People v. O'Daniell
2024 IL App (5th) 230084-U (Appellate Court of Illinois, 2024)
People v. Smart
2023 IL App (1st) 220427 (Appellate Court of Illinois, 2023)
People v. Seaton
2023 IL App (5th) 200181-U (Appellate Court of Illinois, 2023)
People v.Wunderich
2022 IL App (1st) 200274-U (Appellate Court of Illinois, 2022)
People v. Reynolds
2021 IL App (1st) 191363-U (Appellate Court of Illinois, 2021)
People v. Rudd
2020 IL App (1st) 182037 (Appellate Court of Illinois, 2020)
People v. Linder
2019 IL App (2d) 170163-U (Appellate Court of Illinois, 2019)
People v. Foreman
2019 IL App (3d) 160334 (Appellate Court of Illinois, 2019)
People v. Rosado
2017 IL App (1st) 143741 (Appellate Court of Illinois, 2017)
People v. Fretch
2017 IL App (2d) 151107 (Appellate Court of Illinois, 2017)
People v. Watkins
2015 IL App (3d) 120882 (Appellate Court of Illinois, 2015)
People v. Morales
966 N.E.2d 481 (Appellate Court of Illinois, 2012)
People v. Campbell
773 N.E.2d 776 (Appellate Court of Illinois, 2002)
People v. Hale
Appellate Court of Illinois, 2001
People v. Miller
725 N.E.2d 48 (Appellate Court of Illinois, 2000)
People v. Manuel
Appellate Court of Illinois, 1997
Johnson v. United States
683 A.2d 1087 (District of Columbia Court of Appeals, 1996)