People v. Flores

596 N.E.2d 1204, 231 Ill. App. 3d 813, 173 Ill. Dec. 325, 1992 Ill. App. LEXIS 1040
CourtAppellate Court of Illinois
DecidedJune 29, 1992
Docket4-91-0567
StatusPublished
Cited by24 cases

This text of 596 N.E.2d 1204 (People v. Flores) 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. Flores, 596 N.E.2d 1204, 231 Ill. App. 3d 813, 173 Ill. Dec. 325, 1992 Ill. App. LEXIS 1040 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

On March 26, 1991, the circuit court of McLean County entered judgment on a jury verdict finding defendant Eugenio Flores guilty of possession of more than 30 grams but less than 500 grams of cannabis (Ill. Rev. Stat. 1989, ch. 56V2, par. 704(d)), but not guilty of possession with the intent to deliver cannabis (Ill. Rev. Stat. 1989, ch. 561/2, par. 705(d)). He was subsequently sentenced to 8 days’ periodic confinement in the county jail, 30 months’ probation, and a street-value fine of $830. Defendant appeals, contending the evidence was insufficient to support his conviction. In addition, defendant claims he received ineffective assistance of trial counsel, as shown by his counsel’s failure to (1) file a motion to suppress the cannabis seized from under the hood of his automobile; (2) call the latent fingerprint examiner for the State crime laboratory to testify regarding fingerprint evidence; (3) make an opening statement; or (4) impeach the testimony of one of the State’s key witnesses. We affirm.

Initially, we consider defendant’s claim that the State failed to prove beyond a reasonable doubt he was in possession of the cannabis seized from under the hood of his automobile.

At trial State Trooper Layfield, the arresting officer, testified as follows: (1) on February 1, 1990, while on patrol with the “Valkyrie” team, a drug interdiction patrol, she initiated a traffic stop of a 1981 Oldsmobile automobile driven by defendant for speeding northbound on 1-55; (2) there were two other male occupants in defendant’s automobile; (3) when asked for a driver’s license, defendant produced a Missouri traffic citation; (4) a State and national computer check indicated defendant’s driver’s license had been suspended in California; (5) the two men in defendant’s automobile were illegal aliens and could not speak English; (6) defendant was placed under arrest and transported to the McLean County building; (7) she also transported the other two men to the McLean County building until the United States Immigration and Naturalization Service (INS) could be notified; (8) defendant’s automobile was towed by Jerry Brimmer’s wrecker service because none of the occupants had a valid driver’s license to drive the automobile, and defendant was unable to prove ownership; and (9) when defendant attempted to retake possession of the automobile on February 3,1990, she arrested him for the present offense.

On cross-examination, Layfield testified as follows: (1) she made a check with a Federal bureau run by the United States Customs Service to determine whether any of the occupants of the automobile had committed any immigration violations; (2) she was told defendant was listed in the system for an unspecified immigration violation; (3) the INS told her not to “worry about it”; (4) at the scene of the traffic stop defendant gave her permission to search his automobile; (5) she only did a “basic” search of the inside of the car, and not the trunk because of the inclement weather; (6) she requested that the automobile be impounded for the vehicle inspection officer to determine ownership because “she had a problem with the ownership”; (7) after she transported defendant to the McLean County building, she went to Brimmer’s home garage, where defendant’s automobile was impounded, and searched the trunk and glove box because defendant told her “there was [sic] some papers on the vehicle in it”; (8) the garage was locked and Brimmer had to open it for her; and (9) she was not searching the automobile for illegal drugs.

In addition, Sergeant Shumaker, of the Illinois State Police, testified as follows: (1) he was working in the vehicle identification section when defendant’s automobile had been towed to Brimmer’s garage; (2) he was requested to “process” the automobile to determine ownership; (3) on February 2, 1990 (the morning after defendant’s automobile was impounded), he went to Brimmer’s garage; (4) when he got there the garage door was open, and Brimmer was sitting on steps nearby; (5) he first located the vehicle identification number in the left front window; (6) he then located the Federal sticker which also contained the vehicle identification number and is either attached to the left front door or left front door pillar; (7) after he checked those numbers, he released the hood latch from inside the automobile to check the body tag, which is located on the engine and which indicates the plant the automobile was produced at, the model and sometimes the production number; (8) as he raised the hood of the automobile, he observed a semi-clear plastic bag lying on the front wheel well on the left side of the automobile; and (9) he observed two containers wrapped in aluminum foil which contained stems, seeds, and plant material resembling cannabis.

Shumaker testified on cross-examination as follows: (1) at trial he identified fingerprint powder on the plastic bag he found in the left wheel well of the automobile; (2) their procedure is to check for fingerprints; (3) he did not wear rubber gloves when he picked up the plastic bag; (4) his fingerprints would probably be on the plastic bag; (5) the tinfoil was probably not checked for fingerprints; and (6) he ran a computer check through the State of California and on February 2, 1990, and July 1990, the license plates on defendant’s automobile were registered to a Mr. Jesus Preciado in Escondido, California.

Jerry Brimmer testified, and essentially corroborated the testimony of Sergeant Shumaker regarding the search which led to finding the cannabis on the left front wheel well of defendant’s automobile. In addition Brimmer testified as follows: (1) he towed defendant’s automobile to his personal two-car garage because the police requested indoor storage; (2) no other automobile was located in the garage; (3) the garage was always locked, but he was not sure of whether the automobile was locked; (4) only he and his wife, Trooper Layfield and Sergeant Shumaker had access to the garage; and (5) he was present when Trooper Layfield and Sergeant Shumaker searched the automobile.

In addition, Denise Vaughn, a forensic scientist with the Illinois State Police, testified that one of the aluminum foil containers found in the plastic bag located in the left front wheel well of the automobile weighed 101.2 grams, the other container weighed 125 grams, and both packages contained cannabis.

Defendant was the principal witness for the defense and testified as follows: (1) he lived in St. Lords and was driving two individuals he had previously worked with to Chicago when he was stopped for speeding on 1-55; (2) he did not know whether those individuals were illegal aliens; (3) he was.

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 1204, 231 Ill. App. 3d 813, 173 Ill. Dec. 325, 1992 Ill. App. LEXIS 1040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-flores-illappct-1992.