People v. Duff

872 N.E.2d 46, 374 Ill. App. 3d 599, 313 Ill. Dec. 286, 2007 Ill. App. LEXIS 682
Appellate Court of Illinois·Decided June 26, 2007·No. 1-05-2110·Published·Cited by 13 cases

Opinion

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

This case requires us to measure the harm caused by a violation of the defendant’s sixth amendment right to confront witnesses against him.

Following a bench trial, defendant Travis Duff was convicted of possession of a controlled substance with intent to deliver and sentenced to six years’ imprisonment.

Defendant contends: (1) he was denied his constitutional right to confrontation when the court allowed the prosecution to elicit evidence regarding the codefendant’s guilty plea; (2) the court erred by failing to allow defense counsel to elicit the reason for the guilty plea; (3) the statute mandating a $5 fee for deposit in the Spinal Cord Injury Paralysis Cure Research Trust is unconstitutional; (4) he is entitled to a $295 credit against his mandatory drug assessment for the time he spent in custody; and (5) the trial court erred in imposing a $20 penalty for the Violent Crimes Assistance Fund.

While we agree testimony about the codefendant’s guilty plea violated the defendant’s sixth amendment right to confrontation, we find the error was harmless beyond a reasonable doubt. We see no other error that would seriously question the conviction. We affirm the defendant’s conviction and sentence, although we grant him some relief from the mandatory drug assessment and the penalty for the Violent Crimes Assistance Fund.

FACTS

On July 16, 2004, at 10:50 p.m., Chicago police officer Edward May was conducting surveillance in the vicinity of 201 South Kil-patrick Street. He saw three different people approach defendant and Samuel Taylor. Defendant and Taylor were standing within 10 feet of each other. After each person handed defendant an amount of money, defendant would turn around and hold his index finger in the air to signal Taylor. Taylor would then walk to a flower pot near the corner, pick up a brown vial, remove an object, and hand the object to the person who handed defendant the money.

After the third transaction, Officer May radioed his partners. Officers Bora and McGenya stopped defendant and Taylor and recovered a brown vial from the flower pot with 26 plastic packets inside, each containing an amount of “white rocky substance.” A custodial search of defendant revealed $25. The parties stipulated that an expert in forensic science tested 15 of the 26 packets found within the vial. The 15 packets tested positive for the presence of cocaine.

John Armstead, defendant’s uncle, testified on his behalf. Arm-stead testified he paid defendant $25 earlier in the day for helping him fix up an apartment. Armstead was not present when defendant and Taylor were arrested. On cross-examination, the State asked Arm-stead the following questions:

“Q. You talk about Samuel Taylor. He was your nephew as well?
A. Yes, he was.
Q. He was arrested with your nephew here, right?
A. Yes.
Q. And that nephew pled guilty. Are you aware of that?
MS. MINER [defense counsel]: Objection, your Honor.
THE COURT: Overruled.
THE WITNESS: I am aware that he pled guilty.
Q. But they were both arrested at the same time. Were you aware of that? Were you told that?
A. I was told that, too.”

On redirect, Armstead said Taylor did not appear in court on March 24 because his car broke down during his drive from St. Louis. After his mother and sister picked him up, Taylor appeared in court the next day and was immediately arrested. When defense counsel asked whether Taylor was to be held in custody until his trial, Arm-stead responded: “He plead [sic] guilty because he told me that he had got another job.” The trial court sustained the State’s hearsay objection to Armstead’s response.

The defendant testified he spent the morning on the day of his arrest helping Armstead with landscaping and diywall in exchange for $25. After helping their aunt prepare for a block party, defendant and Taylor went to a liquor store with defendant’s brother and his brother’s girlfriend in Taylor’s car. While defendant and Taylor were parked on the corner of Adams and Kilpatrick, the police came up through an alley and stopped them. The officers told them to get on their knees. Defendant heard the officers but remained standing. Defendant denied ever receiving money from people on the corner and denied seeing Taylor go over to the flower pot to retrieve drugs. The parties stipulated to defendant’s four prior felony convictions.

The trial court found defendant guilty of possession of a controlled substance with intent to deliver. Defendant was found Class X eligible and sentenced to six years’ imprisonment. Defendant appeals.

DECISION

I. Right to Confrontation

Defendant contends he was denied his constitutional right to confrontation when the trial court allowed the State to elicit evidence regarding Taylor’s guilty plea, in violation of Crawford v. Washington, 541 U.S. 36, 158 L. Ed. 2d 177, 124 S. Ct. 1354 (2004). Defendant also contends the admission of the guilty plea violated Illinois evidentiary principles. See People v. Sullivan, 72 Ill. 2d 36, 42, 377 N.E.2d 17 (1978) (“Also inadmissible for purposes of proving the guilt of the defendant on trial, but admissible for purposes of impeaching the co-defendant or accomplice, is evidence that a co-defendant or accomplice has pleaded guilty or has been convicted of the same offense”). The defendant does not specify which “evidentiary principles” he is referring to. For that reason, we focus on his constitutional claim.

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People v. Duff, 872 N.E.2d 46, 374 Ill. App. 3d 599, 313 Ill. Dec. 286, 2007 Ill. App. LEXIS 682 (Ill. Ct. App. 2007).

872 N.E.2d 46 (People v. Duff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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