People v. Griffin

550 N.E.2d 1244, 194 Ill. App. 3d 286
CourtAppellate Court of Illinois
DecidedFebruary 6, 1990
Docket1-88-2836
StatusPublished
Cited by21 cases

This text of 550 N.E.2d 1244 (People v. Griffin) 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. Griffin, 550 N.E.2d 1244, 194 Ill. App. 3d 286 (Ill. Ct. App. 1990).

Opinion

194 Ill. App.3d 286 (1990)
550 N.E.2d 1244

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee,
v.
DERRICK GRIFFIN, Defendant-Appellant.

No. 1-88-2836.

Illinois Appellate Court — First District (2nd Division).

Opinion filed February 6, 1990.

*287 *288 Robert H. Aronson, of Chicago, for appellant.

Cecil A. Partee, State's Attorney, of Chicago (Inge Fryklund, Gael O'Brien, and Patrick J. Finley, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE SCARIANO delivered the opinion of the court:

Following a bench trial before Judge James M. Schreier on August 25, 1988, the circuit court found defendant guilty of one count of possession with intent to deliver between 10 and 15 grams of a substance containing heroin in violation of section 401(b) of the Illinois Controlled *289 Substances Act (Act) (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(b)) and of one count of possession with intent to deliver less than 10 grams of a substance containing cocaine in violation of section 401(c) of the Act (Ill. Rev. Stat. 1985, ch. 56 1/2, par. 1401(c)). Defendant's convictions resulted in concurrent sentences of 8 1/2 years' imprisonment on count I and seven years' imprisonment on count II.

Defendant had been previously tried without a jury on November 5-6, 1987, before Judge Ralph Reyna, who found defendant guilty of the two offenses described above. After defendant's first trial, his attorney withdrew from the case and was replaced by defendant's present counsel, who filed a motion for a new trial. Among other charges, the motion alleged that defendant had been denied effective assistance of counsel, because his former attorney "did not communicate [with defendant] or in any way prepare for trial." Judge Reyna granted the motion on January 29, 1988, and the matter was subsequently reassigned by the presiding judge to Judge Schreier.

Defendant presents two issues for our review: first, whether the evidence was sufficient to convict, and second, whether the trial judge deprived him of a fair trial by reprimanding defense counsel and asking defendant questions tending to negate his credibility. We affirm.

At the second trial, the State presented the testimony of Chicago police department officer Joseph Cannon; defendant and his mother testified for the defense. The parties stipulated that the recovered contraband tested positive for 3.36 grams of cocaine and for 14.61 grams of heroin. The court also received into evidence a certified copy of defendant's conviction for attempted murder and armed robbery.

Cannon testified that on January 15, 1987, he proceeded with a group of other officers to 204 North Central Avenue, Chicago, Illinois, to execute a warrant authorizing the search of the third-floor east apartment for cocaine and drug paraphernalia and a black male, 26 to 30 years old, 5 feet 8 inches tall, of medium complexion. After knocking at the back door of the apartment and announcing himself as a police officer, Cannon heard running footsteps inside. He then opened the door with a sledgehammer and, finding himself in the kitchen, saw defendant fleeing through the living room. According to Cannon, defendant jumped from the front balcony onto the roof over the building entrance, leaped down onto a lower balcony and ran into the first-floor apartment. At this point, Cannon ran down the back staircase and, having apprehended defendant outside the rear of the building, took him back to the third-floor apartment.

Cannon handed the search warrant to defendant, who read it and said he understood its contents. During the search of the kitchen, the *290 officer found, on top of the refrigerator, 37 tinfoil packets filled with brown powder and 14 white paper packets filled with white powder. He then placed defendant under arrest. After being advised of his Miranda rights, defendant told Cannon that he had been living in the apartment for about one week. In a search of defendant's person, Cannon's partner found no narcotics, but recovered a key which, according to Cannon's testimony, fit the front door of the apartment.

Cannon did not find a lease in the apartment or any gas or other utility bills in defendant's name. Prior to the search, however, the gas company had informed him that the gas had been shut off. While searching the living room, Cannon noticed two operating appliances: a kerosene space heater and an electric television set.

Defendant's mother, Willie Mae Williams, testified that at the time of defendant's arrest she lived about two blocks from the 204 North Central Avenue address and that after defendant's release from prison in January 1987, she made arrangements for him to live upstairs from her living quarters in return for paying the utility bills and having them put in his name. When on cross-examination Williams was shown gas and electric bills for the upstairs apartment covering various dates from January 7 to October 30, 1987, she admitted that the bills did not reflect when they were put in defendant's name and acknowledged that the electricity bill for the months of January to April 1987 was for only $58, of which $33 represented a customer service charge. Williams also testified that she worked in a factory five and sometimes six days a week and that her living quarters did not have a staircase leading to the upstairs area where defendant lived.

Defendant testified that until January 9, 1987, he had been incarcerated in a Federal correctional facility in Oxford, Wisconsin, and that between that date and the date of his arrest on January 15, 1987, he lived in the second-floor apartment above his mother's. According to defendant, he never told the police he had been living for one week in the apartment on North Central Avenue, which, he testified, in fact belonged to his friend James Boyd, whom he had known for about 12 years at the time of trial. He denied having a key to this apartment and said the front door did not have a lock.

While defendant was visiting Boyd on January 15, defendant's testimony continued, after someone outside had sounded a car horn, Boyd left the apartment, and defendant remained inside to watch a movie on Boyd's television set. During the movie, he heard a lot of noises at the back door, looked out the window and saw a uniformed police officer, leaving the apartment through the front door. Defendant entered the adjacent apartment, went downstairs and out the back door of the *291 building, where he became engaged in a conversation with a uniformed police officer. At this point, several plainclothes officers jumped on defendant and arrested him, took him back to Boyd's apartment, put him in a closet and questioned him. He denied leaving the apartment in the manner described by Officer Cannon.

Defendant admitted lying under oath at his first trial. He said that previously he had testified that he did jump off the third-floor balcony onto the entrance roof and then onto the balcony on the first floor. He also admitted testifying that he kept four jogging suits in the apartment. According to defendant, his former lawyer instructed him to so testify in order not to contradict the police. Defendant claimed he fled the apartment when he saw the police because he "panicked," but denied doing anything wrong or knowing that drugs were present in the apartment.

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Bluebook (online)
550 N.E.2d 1244, 194 Ill. App. 3d 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-griffin-illappct-1990.