People v. Hester

409 N.E.2d 106, 87 Ill. App. 3d 50, 42 Ill. Dec. 611, 1980 Ill. App. LEXIS 3376
CourtAppellate Court of Illinois
DecidedAugust 12, 1980
Docket79-326
StatusPublished
Cited by17 cases

This text of 409 N.E.2d 106 (People v. Hester) 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. Hester, 409 N.E.2d 106, 87 Ill. App. 3d 50, 42 Ill. Dec. 611, 1980 Ill. App. LEXIS 3376 (Ill. Ct. App. 1980).

Opinion

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

The defendants, Willie Hester and Susan Perry, appeal from their convictions, after a bench trial, for unlawful possession of less than 30 grams of heroin and for unlawful possession of a hypodermic syringe. Willie Hester was sentenced to a term of two years in prison, while Susan Perry was given a sentence of probation for a term of 30 months. On this appeal, both defendants argue (1) that there was insufficient evidence presented to prove them guilty beyond a reasonable doubt and (2) that they were denied a fair trial by the admission at trial of certain hearsay evidence.

The record indicates that during the afternoon of August 22,1978, an officer of the Joliet police force, David Gerdes, knocked on the front door of the lower apartment at 219 Sherman Street in Joliet. Defendant Willie Hester answered the door, letting Gerdes (whom he had known for some three years) into the living room of the apartment. Susan Perry was sitting on a couch in the living room. There was no one else present in the apartment, and the defendants were shoeless. Gerdes testified at trial that Hester and Perry’s relationship was that of husband and wife, at common law. Officer Gerdes was present that afternoon in the apartment as part of arrangements with the Metropolitan Area Narcotics Squad, which agency had obtained a warrant to search the apartment for drugs. Gerdes was to give the drug squad officers a signal by radio when he knew the defendants were present. As the three were sitting in the living room, Willie Hester informed Gerdes that he had been staying at the apartment for several weeks and that his brother, who had lived there before, had moved to a different section of Joliet.

Shortly thereafter, agents of the drug squad approached, knocked, announced their purpose and entered the apartment. During their search they examined a brown leather pouch which lay on top of an end table near the front door in the living room. Inside the pouch the agents found 29 foil packets which later were determined to contain heroin. They also found a hypodermic syringe wrapped in plastic in the bathroom medicine cabinet. The police found two envelopes in the apartment, which envelopes were addressed to Willie Hester and Susan Perry at 219 Sherman, Joliet, Illinois. One of the agents testified at trial that in the search of the apartment he found both men’s and women’s clothing in the closet. The defendants were placed under arrest. After leaving the apartment, the police locked the door with a key obtained from Susan Perry. The key was returned to Perry after the apartment was locked. While at the police station for processing, both Perry and Hester gave their address as 219 Sherman, Joliet.

The above factual presentation was made by the State in its case in chief. The letters were admitted over the “hearsay” objection of the defendants. The court, in admitting the letters, specifically noted that they were being admitted, not to prove the truth of the matters stated by the addressers, but rather to indicate that the defendants were receiving mail at the address and exerting control over such mail at that address. The court recognized the addressers’ statements as impermissible hearsay, but focused its attention, and limited the admissibility, to the actions of the defendants in accepting and exercising control over the mail at the address. The only presentation by the defense was by stipulation indicating that, had the landlord of the apartment testified, he would have stated that he rented the apartment more than a year previously to Robert Hester, the defendant’s brother. The landlord would also have testified that he did not know who actually resided there, but that he had seen the defendants there.

Based upon the evidence presented, the court found the defendants guilty of possession of less than 30 grams of heroin and possession of a hypodermic syringe. In so finding, the court concluded that the State had proven constructive possession of the drugs and the syringe by defendants.

The defense argues, as its first issue, that there was insufficient evidence to convict the defendants of the offenses charged. It is argued that the evidence, at most, established that the defendants were temporarily staying at the apartment, but that there was no showing that either defendant had possession of the contraband.

In order to sustain a conviction for possession of contraband such as is involved in this case, the State must show (1) that the defendants had knowledge of the presence of the drugs and (2) that they had immediate and exclusive control of the premises in which the contraband was found. (See People v. Heerwagen (1975), 30 Ill. App. 3d 144, 332 N.E.2d 136.) Because of the difficulty of proving knowledge of the presence of drugs, however, proof of control alone is sufficient to give rise to an inference of knowledge and possession. Such an inference “may be sufficient to sustain a conviction for unlawful possession of narcotics, absent other facts and circumstances which might leave in the mind of * * * the court ° ° ° a reasonable doubt as to his [defendant’s] guilt.” (People v. Nettles (1962), 23 Ill. 2d 306, 309, 178 N.E.2d 361; People v. Inman (1976), 38 Ill. App. 3d 752, 348 N.E.2d 510.) Thus a showing of control over the premises, in some cases, may be sufficient evidence to sustain a conviction for possession of contraband. The rationale behind the inference set forth in Nettles was explained there:

“[W]here narcotics are found on premises under defendant’s control, it may be inferred that the defendant had both knowledge and control of the narcotics. This inference is based largely upon the nature of the commodity and the manner in which its illegal traffic is conducted. By law the use of narcotics, except for specified medicinal purposes, is rigidly condemned. Because of this illegitimate nature of narcotics, they are sold for exorbitant sums on the black market and are therefore of great value to the person possessing them. Furthermore, since their mere possession may subject such person to severe criminal consequences, the narcotics traffic is conducted with the utmost secrecy and care. Human experience teaches that narcotics are rarely, if ever, found unaccountably in a person’s living quarters.” People v. Nettles (1962), 23 Ill. 2d 306, 308, 178 N.E.2d 361.

In the present case, the evidence was fully sufficient to establish the defendants’ immediate and exclusive control over the premises. Both defendants were present in the apartment when the officers arrived. Both were dressed as if staying there and not visiting for the moment. There were both men’s and women’s clothing in the closet. Defendant Hester admitted to living in the apartment and defendant Perry had a key to the apartment, which was used by police to lock the door and then returned to her. Both defendants received mail at the apartment and, most damaging to their cases, both defendants gave the Sherman Street address as their residence when they were booked at the stationhouse.

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Cite This Page — Counsel Stack

Bluebook (online)
409 N.E.2d 106, 87 Ill. App. 3d 50, 42 Ill. Dec. 611, 1980 Ill. App. LEXIS 3376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hester-illappct-1980.