People v. Denton

637 N.E.2d 1066, 202 Ill. Dec. 330, 264 Ill. App. 3d 793, 1994 Ill. App. LEXIS 919
CourtAppellate Court of Illinois
DecidedJune 15, 1994
Docket1-91-0135
StatusPublished
Cited by16 cases

This text of 637 N.E.2d 1066 (People v. Denton) 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. Denton, 637 N.E.2d 1066, 202 Ill. Dec. 330, 264 Ill. App. 3d 793, 1994 Ill. App. LEXIS 919 (Ill. Ct. App. 1994).

Opinion

PRESIDING JUSTICE TULLY

delivered the opinion of the court:

After a jury trial, defendant LaMorris Denton was convicted of possession of a controlled substance with intent to deliver in violation of section 401(c)(2) of the Illinois Controlled Substances Act (111. Rev. Stat. 1989, ch. 561h, par. 1401(c)(2) (now 720 ILCS 570/401(c)(2) (West 1992))) and sentenced to serve a term of 15 years’ imprisonment. It is from the judgment of conviction that defendant now appeals to this court pursuant to Supreme Court Rule 603 (134 Ill. 2d R. 603).

On appeal, defendant argues that: (1) the State failed to prove him guilty of possession of a controlled substance with intent to deliver in light of the voluntary admission of another person that the drugs were his and not defendant’s; (2) he was denied a fair trial, when the prosecution misled the jury; and (3) the trial court abused its discretion in sentencing him.

For the reasons which follow, we affirm.

These are the facts. On June 28, 1990, about a dozen Chicago police officers executed a search warrant for the premises at 8139 Paxton Avenue. Among the items seized were three plastic bags containing white powder. The contents of one of the bags were found to be 5.4 grams of cocaine. Although not present at the time of the search, both defendant and his wife, codefendant Pamela Denton (Pamela), were arrested and subsequently charged with possession of a controlled substance with intent to deliver.

At trial, Officer David Snethen of the Chicago police department testified that he was in charge of the search. Snethen testified that he and the other assigned officers went to the two-story house at 8139 South Paxton Avenue to serve a narcotics search warrant naming defendant on June 28, 1990. Snethen recounted that the officers knocked on the doors and were admitted by a 14-year-old resident, Eric Buckley. Each officer had been assigned a specific area to search in the house with the understanding that any evidence found was to be removed by Snethen.

Snethen initially went to the basement but was then called to a bedroom located in the middle of the first floor by Officer John McMurray, who had discovered a loaded revolver under a bed mattress. Proof of defendant’s residency, three plastics bags of white powder, six boxes of various types of handgun ammunition and $1,800 in an open safe were also found in the room. Snethen stated that the room’s closet contained male and female clothing.

Approximately 10 feet from the middle first floor bedroom was the kitchen in which miscellaneous drug paraphernalia was found, viz., grinders, scales, gram weights, measuring spoons, wire strainers, razors blades and glass vials containing white powder residue. Additionally, police recovered other items used in processing narcotics for sale on the street, which were covered with white powder residue, and small bags used to package narcotics for that purpose. All of these items were taken and inventoried.

Later, defendant arrived at the station, was informed of his Miranda rights, and after the drug charges were explained he said that "It wasn’t nothing.”

On cross-examination, Snethen testified that while the police inventory slip for the recovered items listed the address of recovery, it did not state the specific locale in the house where they were found. Snethen further testified that the search of the first and second floors was delegated to some officers and that different officers were responsible for the other bedrooms in the house. It was Snethen’s responsibility to recover, itemize and inventory the recovered property. An inaccurate diagram of the residence, which had not been seen by Snethen until trial, had been prepared by supervising sergeant Larry Hargrove. The arrest report for Pamela incorrectly stated that white powder had been retrieved from the front upstairs bedroom. Snethen testified that he had no idea who had prepared that arrest report, which bore his incorrectly spelled name. The officers involved in the search had been authorized to sign Snethen’s name to any report prepared pursuant thereto, and the reports contained only a summary of events.

Officer John McMurray testified that after entering the house, he began to secure it. McMurray found no one in the front bedroom. McMurray then forced open the padlocked door of the middle first-floor bedroom and found it also empty. After the house was secured McMurray recounted that he searched the middle first-floor bedroom, found a revolver under a mattress and then summoned Snethen.

During cross-examination, McMurray stated that he had drafted the inventory slip for the recovered paraphernalia which, without stating its exact location, indicated that the paraphernalia was contained in gym bags found in the residence. McMurray recollected that he had stayed in the middle first-floor bedroom for about one to two minutes and had not seen the white powder until someone else had noticed it. After the revolver was found, Snethen and another officer finished the search of the room. Subsequently, defendant and Pamela returned to the house and were arrested.

At trial, the parties stipulated that the chain of custody for the seized white powder was proper and that the results of the chemical analysis thereof properly revealed that one of the bags contained 5.4 grams of cocaine.

Testifying as a defense witness, Eric Buckley recounted that he had been living with defendant since June 1990. The house consisted of three stories, including the basement, and defendant’s bedroom was located on the second floor. Buckley stated that the rooms on the first floor were comprised of a spare room and bedrooms belonging to his uncle, Albert Johnson, and defendant’s daughter Kelly. Johnson is defendant’s stepfather.

Buckley was alone when the police came to execute the search warrant. Buckley stated that the officers detained him during the course of their search and that during this time he saw an officer come out of Johnson’s room carrying mail and three athletic bags which the officer placed on the dining room table, opened and searched. Another officer came from upstairs carrying a zipper pouch which Buckley had never seen before, a gun and two letters which he placed on the table. While unable to see the writing on the letters brought from the second floor, he was able to see that the letters initially brought to the table showed Johnson’s name.

Johnson testified that at the time of the police raid he had lived with defendant in the house for 11 months and stayed in the middle first-floor bedroom. Johnson stated that when he moved in, he found a black bowling bag full of ammunition in the basement and moved it to his closet in the event that its owner would claim it. Although admitting that he kept a small amount of cocaine under his mattress for personal use, Johnson asserted that there was no gun under the mattress and that he did not know of there being any firearm in the house. Johnson further testified that the paraphernalia recovered by the police was used by him to "rerock” cocaine for personal use or used for cleaning purposes.

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Cite This Page — Counsel Stack

Bluebook (online)
637 N.E.2d 1066, 202 Ill. Dec. 330, 264 Ill. App. 3d 793, 1994 Ill. App. LEXIS 919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-denton-illappct-1994.