People v. Hardin

700 N.E.2d 1057, 299 Ill. App. 3d 33, 233 Ill. Dec. 349, 1998 Ill. App. LEXIS 619
CourtAppellate Court of Illinois
DecidedSeptember 15, 1998
Docket1-96-3097
StatusPublished
Cited by3 cases

This text of 700 N.E.2d 1057 (People v. Hardin) 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. Hardin, 700 N.E.2d 1057, 299 Ill. App. 3d 33, 233 Ill. Dec. 349, 1998 Ill. App. LEXIS 619 (Ill. Ct. App. 1998).

Opinion

JUSTICE COUSINS

delivered the opinion of the court:

Defendant Tracy Hardin was charged by indictment with delivery of a controlled substance. Following a bench trial, he was found guilty as charged and sentenced to a term of six years’ imprisonment in the Illinois Department of Corrections. Defendant now appeals, contending that: (1) he was denied his constitutional right to thé assistance of counsel of his choice; (2) his waiver of jury was involuntary;-and (3) the evidence was insufficient to prove him guilty beyond a reasonable doubt.

BACKGROUND

This case had been set for a bench trial for June 26, 1996. No trial proceedings were had on that date. Rather, the report of proceedings reflects that the following discussion occurred on that date:

“THE CLERK: Tracy Hardin.
MR. KUSATZKY: For the record Mark Kusatzky on behalf of Tracy Hardin before the Court.
This matter was set for a bench trial today; however, Mr. Hardin has retained other counsel with regards to this matter who, I believe, will be seeking leave to file his Appearance in regards to this matter, and I believe that their position will not be one of a bench trial, Your Honor.
THE COURT: This matter has been on this call since November, 1995. You have been the attorney of record since then?
MR. KUSATZKY: That is correct, Your Honor.
MR. ABUDALLAUH: Aski AbudaUauh.
THE COURT: You can co-counsel this case with Mr. Kusatzky. Is the state ready?
MS. ROMITO [Assistant State’s Attorney]: Actually the buy officer called to tell me he broke a crown last night and had emergency dental work done. His face is swollen.
I could force him to come in. They let him go home. He said he would come back tomorrow. He is on pain killers, but if we want a jury trial, the [S]tate can be ready tomorrow.
THE COURT: Is that what you are asking for?
MR. ABUDALLAUH: We would be asking for a jury trial, but while the case is not complicated—
THE COURT: You don’t have to explain why. You want a jury?
MR. ABUDALLAUH: Yes.
THE COURT: Tomorrow morning. Be in the chief judge[’s] office tomorrow morning. Go to the chief judge. We will bring down a venire, and we will select a jury tomorrow afternoon and begin evidence Friday morning, understood?
MR. ABUDALLAUH: That is understood, but I have outstanding discovery that I don’t have custody of and counsel doesn’t have.
THE COURT: What is left?
MR. ABUDALLAUH: There is an activity report.
THE COURT: State, do you have anything else?
MS. ROMITO: Judge—
MR. ABUDALLAUH: I have only just reviewed the file with counsel.
MR. KUSATZKY: For the record I have not been tendered any activity report.
THE COURT: What is the activity report?
MR. ABUDALLAUH: The activity report is basically the activity that was conducted by the officers on the date of the buy.
THE COURT: Do you have an activity report?
MS. ROMITO: Judge, per my records we tendered all discovery on November 29th. There has [sic] not been additional requests for discovery. I can certainly look for an activity report; however, everything in my file counsel has in his file.
THE COURT: —all right, chief judge tomorrow morning, 6/27/96.
MR. KUSATZKY: Your Honor—
THE COURT: 10:00.
MR. KUSATZKY: I would request leave to withdraw in regards to this matter, the reason being, Number 2, Your Honor, I was not prepared to go to a jury trial in regards to this matter tomorrow in regards to scheduling. I understand if the Court so orders with regards to this matter, I will be here, but I am just making a request of this Court. Mr. Abudallauh is filing his Appearance today. He is capable and willing to do the jury trial tomorrow, Your Honor.
THE COURT: But he is going to have to do that with you; not at this juncture. We have a date set for trial. I will allow the defendant to bring in a second lawyer.
MR. ABUDALLAUH: Will you pass this and let me speak with counsel and defendant and maybe we can resolve this.
MR. KUSATZKY: That is fine.
íjí >Ji
THE CLERK: Tracy Hardin.
MR. KUSATZKY: Mark Kusatzky.
The other attorney will not be filing an Appearance, and considering that the buy officer has a problem tonight, Your Honor, and considering that he is raising the specter of some other reports, I would be requesting a continuance of about two weeks for a bench trial, Your Honor.
MR. KUSATZKY: July 10th.
THE COURT: Tracy Hardin, is that date all right with you, Officer, July 10th?
OFFICER: Yes.
MR. KUSATZKY: July 10th. Thank you.
THE COURT: July 10th.”

On July 10, 1996, the trial court presided over a bench trial in this matter. The State presented the testimony of Chicago police officers Clarence Junkins and Robert Finn. Officer Junkins testified that, on October 5, 1995, he was working undercover in order to make controlled purchases of narcotics in the area of 3800 West Van Burén, Chicago, Illinois. At approximately 8:40 a.m., he was driving a covert vehicle on the 3800 block of West Van Burén and observed defendant standing on the sidewalk at 3818 West Van Burén. Officer Junkins parked his vehicle and approached defendant. As he got closer to defendant, defendant asked him, “How many?” Officer Junkins responded, “One dime bag of blow.”

Defendant handed Officer Junkins a tinfoil packet of powder heroin. Officer Junkins gave defendant a $10 bill bearing a prerecorded serial number. He then returned to his covert vehicle and drove away.

Junkins notified members of his enforcement team viá his radio that he had made a successful purchase of narcotics.

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Related

People v. Segoviano
725 N.E.2d 1275 (Illinois Supreme Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 1057, 299 Ill. App. 3d 33, 233 Ill. Dec. 349, 1998 Ill. App. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardin-illappct-1998.