People v. Dockery

618 N.E.2d 348, 248 Ill. App. 3d 59, 187 Ill. Dec. 757, 1993 Ill. App. LEXIS 505
CourtAppellate Court of Illinois
DecidedApril 13, 1993
Docket1 — 91—3041
StatusPublished
Cited by17 cases

This text of 618 N.E.2d 348 (People v. Dockery) 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. Dockery, 618 N.E.2d 348, 248 Ill. App. 3d 59, 187 Ill. Dec. 757, 1993 Ill. App. LEXIS 505 (Ill. Ct. App. 1993).

Opinion

JUSTICE DiVITO

delivered the opinion of the court:

Defendant Ronnie Dockery was charged with possession of a controlled substance with intent to deliver. Following a bench trial, he was found guilty and sentenced as an habitual criminal to a term of natural life in the custody of the Department of Corrections. On appeal, he contends that (1) the circuit court found him guilty of simple possession rather than possession with intent to deliver; (2) his trial counsel labored under a conflict of interest by jointly representing both him and his codefendant brother; and (3) the State failed to prove that he knowingly possessed a controlled substance with intent to deliver.

Defendant was charged with possession with intent to deliver a substance containing more than 30 grams of phencyclidine (PCP). (Ill. Rev. Stat. 1989, ch. 56½, par. 1401 (a)(10).) Defendant’s brother, Gregory Dockery, and Genese Jamerson were charged with the same offense; Gregory was also charged with armed violence, unlawful use of a firearm by a felon, and delivery of a controlled substance. Thomas Almore was charged with possession with intent to deliver a substance containing less than 10 grams of PCP. Defendant and his brother retained a private attorney to jointly represent them at trial. Together, they filed a motion to quash their arrests and suppress evidence, which was heard simultaneously with their trial and that of Almore, who was represented by the public defender.

At trial, Officer Victor Gurolla of the Chicago police department testified that he received information by means of a phone call that drugs were being sold from an apartment at 1802 South Millard in Chicago. On March 7, 1990, at approximately 9 p.m., he went to that address with several other officers in order to make a “controlled purchase of narcotics.” The other officers waited outside as Gurolla approached the first-floor apartment. When Gurolla rang the doorbell, Gregory opened the door and asked what he wanted. When he responded that he wanted a “quarter ounce of water,” a street name for PCP, Gregory admitted him into the apartment and asked for $100. Gurolla handed Gregory $100 in prerecorded bills, which Gregory placed in his right pocket. Gregory then chose an amber bottle from among several bottles on a table and handed it to Gurolla, who then left the apartment.

Gurolla went to the side of the building where the other officers were waiting. They opened the bottle and determined from the amber color and unique odor that it contained liquid PCP. Gurolla then returned to the apartment with Officers Michael McMeel and Benjamin Almazon, while two other officers remained outside to guard the exits. Gurolla rang the doorbell and Gregory again opened the door. When Gurolla announced his office, Gregory tried to retreat into the apartment, but Gurolla was able to grab him and place him under arrest. Gurolla then searched Gregory and found a loaded .32-caliber revolver and $1,690 in cash, including the $100 in prerecorded bills.

While Gurolla was occupied with Gregory, Almazon and McMeel entered the apartment and found defendant, Almore, and Jamerson sitting in the dining room. Gurolla saw defendant pick up two large foil packets and hand them to Jamerson, who was sitting across from him. Jamerson attempted to conceal the packets under her jacket, but when McMeel asked her to open her jacket, the packets fell out. Gurolla also saw Almore grab a baby food jar containing a crushed green plant from the table and run into the bathroom. Almazon followed Almore and recovered the jar.

After everyone was placed under arrest, Gurolla conducted an inventory of the items in the dining room, including an unloaded shotgun which was found leaning against the wall. The officers also found on the dining room table five amber bottles containing liquid PCP, some aluminum foil, a mask, numerous empty bottles, a packet of sandwich bags, and a scale. Based on his knowledge from many narcotics investigations, Gurolla explained that masks are worn by persons working with liquid PCP due to the fumes and the odor, and aluminum foil is used to make $10 or $20 “squares” of PCP, which are then packaged in sandwich bags for street dealers.

Officer Michael McMeel testified that after Gurolla apprehended Gregory, he and Almazon entered the first-floor apartment. He saw several people sitting at a dining room table, one of whom was defendant, who gave two tinfoil packets to Jamerson, who shoved them inside her coat and held them close to her chest. He grabbed Jamerson and held open her coat, causing the two packets to fall out. When he opened the packets, he found that each contained five amber vials of a liquid he believed to be PCP. He then saw Almazon chase Almore toward the back of the apartment after Almore took a baby food jar which contained a green, plant-like substance from the table and ran from the dining room. He also saw “a roll of tinfoil, some masks, [and] several empty brown vials” on the dining room table. He explained that liquid PCP must be refrigerated to maintain its potency, and it is commonly wrapped in foil in order to keep it from freezing.

Officer Benjamin Almazon testified that when he entered the apartment, he saw defendant hand a tinfoil packet to Jamerson. He then saw Almore grab a jar from the center of the table and run out of the room. He chased Almore into the bathroom, where he saw him attempt to dump the contents of the jar down the toilet. He recovered the jar, which still contained a crushed green plant that had been adulterated with what he believed to be PCP. He then returned to the dining room, where he saw various drug paraphernalia on the table, including the foil packets recovered from Jamerson, as well as a shotgun and a handgun.

The State then offered into evidence a series of stipulations. First, the parties agreed that the amber bottle of yellow liquid that Gregory allegedly sold to Gurolla was determined to contain 8.39 grams of PCP. The parties also stipulated to the contents of the two foil packets which were recovered from Jamerson by McMeel; the packets contained 10 vials, with an estimated 83.5 grams of PCP, which was determined after four vials were randomly tested and were found to contain 33.4 grams. They also agreed that the five other vials recovered from the apartment contained 40.14 grams of PCP. Finally, they agreed that the jar recovered by Almazon contained a crushed green plant soaked in liquid PCP, with a weight of 7.7 grams. The State then rested, and the court stated that “it was going to deny [the] motion” to quash the arrests and suppress the evidence.

Defendant testified that on March 7, 1990, he lived in the first-floor apartment at 1802 South Millard. At approximately 9:30 that evening, when he opened the door in response to his doorbell, he saw Gurolla, who told him that he was under arrest for selling drugs to him. Defendant responded to Gurolla that he did not sell anything to him. Almazon entered the apartment through the front door, while McMeel and three other officers came in through the back. Gurolla then searched defendant and asked him for the money. Defendant replied that he had none. McMeel then searched Gregory and found some money on him, but not as much as the police claimed.

During cross-examination, defendant stated that he had been home for approximately one hour before the police came, and that Gregory, Almore, and Jamerson were already there when he arrived.

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 348, 248 Ill. App. 3d 59, 187 Ill. Dec. 757, 1993 Ill. App. LEXIS 505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dockery-illappct-1993.