People v. Lewis

860 N.E.2d 299, 223 Ill. 2d 393, 307 Ill. Dec. 645, 2006 Ill. LEXIS 1651
CourtIllinois Supreme Court
DecidedNovember 30, 2006
Docket101747
StatusPublished
Cited by93 cases

This text of 860 N.E.2d 299 (People v. Lewis) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lewis, 860 N.E.2d 299, 223 Ill. 2d 393, 307 Ill. Dec. 645, 2006 Ill. LEXIS 1651 (Ill. 2006).

Opinion

JUSTICE KILBRIDE

delivered the judgment of the court, with opinion.

Chief Justice Thomas and Justices Freeman, Fitzgerald, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

Defendant Ronel Alexis Lewis was convicted of criminal drug conspiracy (720 ILCS 570/405.1 (West 2002)) and unlawful delivery of a controlled substance (720 ILCS 570/401(d) (West 2002)). The circuit court of McLean County sentenced him to seven years’ imprisonment on each offense, to be served concurrently. The appellate court vacated defendant’s conviction of criminal drug conspiracy, but otherwise affirmed the judgment of the trial court. 361 Ill. App. 3d 1006.

We allowed defendant’s petition for leave to appeal. 177 Ill. 2d R. 315(a). On appeal to this court, defendant contends that the trial court erred in admitting a police detective’s testimony that another witness made an out-of-court identification of defendant. Defendant argues that this testimony was not admissible under the hearsay exception contained in section 115 — 12 of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/115 — 12 (West 2002)). We hold that the trial court did not err in admitting the disputed testimony under section 115 — 12. Accordingly, we affirm the judgment of the appellate court.

I. BACKGROUND

At defendant’s bench trial, Lori Clem testified that she received several telephone calls from her former neighbor, Charlie, who wanted Clem to obtain crack cocaine for him. Clem initially refused, but agreed to purchase the cocaine after her boyfriend asked her to take a profit from the transaction. Clem’s boyfriend wanted money to buy heroin.

Clem testified that she planned to buy the cocaine from her neighbors who lived across the alley. She identified the neighbors as Marcella Miramontes, Marcella’s boyfriend Cory, and defendant. According to Clem, Miramontes had stated on an earlier occasion that either she or defendant could supply Clem with drugs. Miramontes gave Clem her cell phone number and defendant’s cell phone number. Clem testified that she had often seen defendant working on his car in the alley over the course of three or four weeks prior to this transaction. She had waved to defendant, but did not speak to him beyond saying “hello.” Clem knew defendant only by his nickname, “Rail.”

Clem called defendant on his cell phone after agreeing to purchase the crack cocaine for Charlie. Defendant told Clem to call him back when the buyer arrived. After Charlie arrived, Clem called defendant again. Defendant told Clem to meet him at the back of her house. Clem received $100 from Charlie and walked toward the back of her house to meet defendant.

Clem testified that she met defendant on her back porch. She gave defendant $80 in exchange for a cellophane package containing crack cocaine. Defendant then walked back across the alley to his house while Clem walked to the car and delivered the cocaine to Charlie. At that point, Clem recognized the driver of the car and asked if he was a police officer. The driver denied being a police officer and they drove away. Clem testified that this was the first time she had purchased drugs from defendant, but she had bought drugs from Cory on one previous occasion. She identified defendant in court as the man she knew as “Rail.”

Detective John Heinlen testified that he had been working with a confidential informant named Charlie. They had been attempting to purchase crack cocaine from Clem in an effort to identify her supplier. Charlie called Clem to arrange the purchase. Heinlen and Charlie then drove to Clem’s house in an undercover police car. When they arrived, Clem approached the car. While Heinlen, Charlie and Clem were speaking, Heinlen observed a man in the alley behind Clem’s house approximately 30 yards from the car. Heinlen testified that the man walked to within 10 to 15 yards of the car. Heinlen testified that he had a clear view of the man, and he identified defendant as the individual he saw approach the car.

Clem received $100 from Charlie and walked with defendant behind her house. Detective Heinlen testified that he did not observe any exchange of drugs and money between Clem and defendant. When they emerged from behind the house, Clem walked toward the car and defendant walked back toward the alley. Clem approached the car and asked if Heinlen was a police officer. After Heinlen denied being a police officer, Clem handed him the package containing cocaine. The next day, Clem was arrested and transported to the police station where she spoke with Detective Heinlen.

Heinlen testified that Clem identified the person who sold her the cocaine as “Rail.” Heinlen connected that nickname to defendant and obtained a photograph of defendant. Heinlen immediately recognized the person in the photograph as defendant. Heinlen testified that he showed the photograph to Clem. When the prosecutor inquired as to Clem’s reaction to the photograph, defendant objected on the ground that the question called for hearsay. The trial court overruled the objection, stating that it was admissible “[u]nder 115 — 12.” Heinlen then testified that Clem identified the man in the photograph as Rail. Clem stated he was the person who had sold her cocaine the previous day.

Defendant presented testimony of several of his family members. They testified that defendant was visiting them in Milwaukee at the time of this transaction. Defendant’s family members testified that defendant arrived in Milwaukee the day before the transaction occurred and he stayed for approximately 10 days.

At the State’s request, the trial court took judicial notice of a McLean County case involving several traffic tickets issued to “Ronel A. Lewis.” The traffic tickets were issued in Bloomington, Illinois, during the time period when defendant’s family members claimed defendant was in Milwaukee. The State also recalled Detective Heinlen for rebuttal testimony. Heinlen testified that he saw defendant near the location of the drug transaction the day after it occurred.

The trial court found defendant guilty of both offenses. Defendant filed a posttrial motion asserting, in pertinent part, that he was not proven guilty beyond a reasonable doubt because the State presented hearsay testimony at trial. The trial court denied defendant’s motion and sentenced him to concurrent terms of seven years’ imprisonment.

On appeal, defendant argued that the trial court erred in admitting Detective Heinlen’s testimony concerning Clem’s out-of-court identification of defendant. 361 Ill. App. 3d at 1007. The appellate court held that Heinlen’s testimony was properly admitted under section 115 — 12 of the Code. 361 Ill. App. 3d at 1012-19. The appellate court also held that defendant could not be convicted of both the inchoate offense of criminal drug conspiracy and the underlying principal offense of delivery of a controlled substance. 361 Ill. App. 3d at 1019.

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Cite This Page — Counsel Stack

Bluebook (online)
860 N.E.2d 299, 223 Ill. 2d 393, 307 Ill. Dec. 645, 2006 Ill. LEXIS 1651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-ill-2006.