People v. Jenkins

568 N.E.2d 122, 209 Ill. App. 3d 249, 154 Ill. Dec. 122, 1991 Ill. App. LEXIS 62
CourtAppellate Court of Illinois
DecidedJanuary 17, 1991
Docket1-87-0449
StatusPublished
Cited by25 cases

This text of 568 N.E.2d 122 (People v. Jenkins) 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. Jenkins, 568 N.E.2d 122, 209 Ill. App. 3d 249, 154 Ill. Dec. 122, 1991 Ill. App. LEXIS 62 (Ill. Ct. App. 1991).

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

Defendant was charged by information with delivery of a controlled substance. (Ill. Rev. Stat. 1985, ch. 56½, par. 1401(c).) Following a jury trial, defendant was found guilty and sentenced to a term of six years in the Illinois Department of Corrections. Defendant now brings this appeal.

The following issues are before this court for review: (1) whether defendant was denied a fair trial when the court permitted the People to elicit testimony concerning a separate, uncharged attempted delivery of a controlled substance; (2) whether defendant was denied effective assistance of counsel when defense counsel failed to object to the jury instructions and failed to tender alternative instructions to limit the jury’s consideration of the uncharged alleged attempted sale of a controlled substance; (3) whether defendant was denied a fair trial when, in the closing argument, the State shifted the burden of proof, misstated the evidence, and articulated its personal opinion that the police officer witnesses were credible; (4) whether the trial court’s jury instruction that the People’s exhibit number 2 was a controlled substance constituted plain error; and (5) whether the trial court abused its discretion by sentencing defendant to six years’ imprisonment.

We affirm.

Background

Officers Lemuel Hogue and Fred Guerra were the principal witnesses for the People. Officers Guerra and Hogue were members of the Northeastern Metropolitan Drug Enforcement Group (hereinafter the MEG). The MEG is a special task force under the authority of the Cook County sheriff. MEG officers investigate drug activity and purchase drugs from alleged drug dealers in order to facilitate their arrest.

Officer Hogue testified that he met defendant, Allison Jenkins, on January 8, 1986. During this meeting, defendant gave Officer Hogue his telephone number. On January 10, 1986, Officer Hogue telephoned defendant and arranged to purchase cocaine from him for $325. The two men agreed to meet on that day at the intersection of Howard and Clark Streets in Chicago, Illinois, at 2 p.m. Later that day, Officer Hogue met defendant at the intersection. Defendant entered Agent Hogue’s car. Subsequently, Officer Hogue drove defendant to a building located at 7455 North Greenview Street in Chicago. Defendant exited Agent Hogue’s car and entered one of the apartments at that address. Several minutes later, defendant returned to the car and handed Officer Hogue a package of white powder. Officer Hogue paid defendant $325 in exchange for the package. Officer Hogue testified that after the transaction, defendant told him “the cocaine was good shit *** [and] [i]f I need to step on it, I could make another eight out of it *** and make my money back.” Then, defendant left the car and Officer Hogue drove to meet the surveillance team that observed the entire transaction.

One of the members of the surveillance group was Fred Guerra. Officer Guerra later testified that he established a surveillance unit at the intersection of Clark and Howard Streets. Officer Guerra observed Agent Hogue arrive at the intersection and speak to a black male who was in a rust-colored vehicle. Officer Guerra then witnessed the black man enter Agent Hogue’s automobile. Subsequently, Officer Guerra followed Agent Hogue and defendant to an apartment building at 7455 North Greenview Street. The officers assigned to the surveillance unit positioned themselves approximately 100 to 150 yards from the building. The witness saw defendant leave the car and return later. Upon returning, defendant and Officer Hogue had a short conversation. Defendant then left the car, and the agent drove away. Agent Guerra identified defendant as the man he saw with Officer Hogue.

After Officer Hogue purchased the powder from defendant, he tested the specimen in the La Petite Restaurant. The field test indicated that the powder contained cocaine. Agent Hogue placed the cocaine in a package and labeled the package with the number 86038MC, the initials ALCH, and the date “1-10-86.” The package was later labeled People’s Exhibit No. 2. On March 26, 1986, Officer Hogue obtained a warrant for defendant’s arrest. Defendant was arrested on March 27,1986.

Agent Hogue tendered the cocaine to Karl Larsen, a chemist at the State laboratory. Mr. Larsen testified that he tested the white powder. He performed a series of color tests, a gasro chromatography test, an infrared spectrophotometer test, and finally a polarimeter test. The results of all of these tests showed that the substance was cocaine. The parties stipulated that the powder which Officer Hogue purchased from defendant was the same powder tested by Karl Larsen. After Mr. Larsen testified, the People rested. Upon completion of the People’s case, defendant made a motion for a directed verdict which the court denied.

When the defense presented its case, defense counsel asked Officer Hogue during cross-examination whether he met with defendant at any time other than on January 8, January 10, or March 27, 1986. Agent Hogue admitted that he saw defendant upon an additional occasion, approximately two weeks after the alleged sale. Defense counsel asked Agent Hogue if he filed a report of this meeting. During a subsequent direct examination by the People, Officer Hogue testified that he attempted to complete another sale with defendant in late January, but that this sale was not completed because defendant fled after noticing one of the surveillance vehicles. Officer Hogue stated that he did not file a report of this incident because there was no sale.

Agent Hogue was also questioned about the discrepancy between the two case reports of the sale that were filed. Officer Hogue had submitted a police report and an incident report detailing the drug purchase. Agent Hogue testified to the information he wrote in the police report. The police report indicates that defendant spoke with an accent. The report also states that defendant had a scar on the right side of his forehead, that he weighed 145 pounds, and that he was 5 feet 7 inches in height. However, Officer Hogue recorded different information about defendant in his incident report. The incident report described defendant as standing 6 feet tall and weighing 185 pounds. The incident report makes no reference to a scar or an accent.

The defense also summoned Officer Guerra to testify about the discrepancy between the two reports. Agent Guerra testified that the incident report was written by his partner, Officer Slupski. Officer Guerra further testified that the report was typed and initialed by one of the secretaries in the office. Agent Guerra also stated that the police report was written by Officer Hogue and typed and initialed by a different secretary. He also stated that it is not unusual for one agent to copy the information in another agent’s report before submitting the report to be typed. When the People subsequently conducted a direct examination, Officer Guerra testified that the surveillance report and Hogue’s police report were typed by different secretaries. The defense rested.

After both sides made closing arguments, the trial court instructed the jury. The jury instructions were tendered by the People, and the defense made no objections. The jury was allowed to examine the cocaine.

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Bluebook (online)
568 N.E.2d 122, 209 Ill. App. 3d 249, 154 Ill. Dec. 122, 1991 Ill. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-illappct-1991.