People v. Lloyd

567 N.E.2d 428, 208 Ill. App. 3d 484, 153 Ill. Dec. 470, 1990 Ill. App. LEXIS 1967
CourtAppellate Court of Illinois
DecidedDecember 28, 1990
DocketNo. 1—89—0297
StatusPublished

This text of 567 N.E.2d 428 (People v. Lloyd) 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. Lloyd, 567 N.E.2d 428, 208 Ill. App. 3d 484, 153 Ill. Dec. 470, 1990 Ill. App. LEXIS 1967 (Ill. Ct. App. 1990).

Opinion

PRESIDING JUSTICE LaPORTA

delivered the opinion of the court:

The subject of this appeal is an order granting defendants, Charles and Mario Lloyd, relief under the Post-Conviction Hearing Act (Ill. Rev. Stat. 1987, ch. 38, par. 122 — 1 et seq.) based upon the trial court’s finding that defendants had been deprived of the right to a fair trial. The court concluded that defendants’ attorney was faced with a conflict of interest because he also represented two other codefendants whose defenses were antagonistic to that of defendants. The State has appealed, contending that the court erred in granting defendants a new trial because defendants have failed to show that an actual conflict of interest was manifested at trial and that their attorney’s representation was adversely affected as a result. We reverse the decision of the trial court.

Defendants, Charles and Mario Lloyd, and codefendants, Johnny Beard and Lionel Bell, were charged by indictment with calculated criminal cannabis conspiracy (Ill. Rev. Stat. 1983, ch. 561/2, par. 709) and with possession of cannabis with the intent to deliver (Ill. Rev. Stat. 1983, ch. 561/2, par. 705). The indictment specifically alleged that these offenses were committed on October 22, 1983. At trial, all four defendants were represented by the same assistant public defender, and all four waived their rights to trial by jury. Following the joint bench trial, Beard was acquitted of all of the charges set out in the indictment, and Bell was acquitted of the cannabis conspiracy charge but was convicted of possession of cannabis with the intent to deliver. Charles and Mario Lloyd were convicted of both offenses, and each received a term of six years for possession with intent to deliver and a concurrent term of five years for the calculated criminal cannabis conspiracy charge.

Represented by the public defender, defendants filed a direct appeal of their convictions. Thereafter, the public defender withdrew from the case, and defendants retained private counsel who brought a petition for post-conviction relief (Ill. Rev. Stat. 1987, ch. 38, par. 122 — 1 et seq.), asserting that defendants had been deprived of their constitutional rights to a fair trial and to effective assistance of counsel. The direct appeal of defendants’ convictions was stayed pending resolution of the post-conviction proceedings.

Review of the trial record reveals that the State presented the testimony of several police officers establishing that at approximately 5:30 p.m. on October 22, 1983, Bell was observed motioning to cars as they drove past the building located at 5624 South Damen Avenue in Chicago, Illinois. When the cars stopped, Bell approached them and gestured toward the alley at either end of the block. The cars were then driven toward either end of the block and entered the alley. These events were repeated five or six times. While this occurred, defendant Mario Lloyd came to the front of the building several times, spoke to Bell, and then entered the gangway leading to the rear of the building.

The officers’ testimony established further that as automobiles or pedestrians entered the alley and neared the garage behind 5624 South Damen Avenue, they were approached by Mario or Charles Lloyd, who then went into the garage and returned with small manila envelopes. The small envelopes were subsequently handed to the pedestrian or automobile occupant in exchange for money. On one occasion, Charles Lloyd was observed in the garage holding a white bag from which he retrieved an envelope which he handed to Mario. Mario then gave the envelope to a person seated in an automobile.

After the officers observed several of these transactions, they arrested defendants, Bell, and a woman who was also on the scene. The arresting officers recovered $2,967 from Mario Lloyd and $765 from Charles Lloyd. In the garage behind 5624 South Damen Avenue, the officers recovered a white plastic bag which contained a large brown bag. Inside the brown bag were 135 manila envelopes, each containing a substance which was later tested and found to be cannabis, weighing a total of 545.80 grams.

Although Beard was not observed on the scene and was not arrested with the other three defendants on October 22, 1983, the State presented the testimony of Officer Mary Hodge, who stated that while working undercover, she purchased cannabis from Beard on several occasions during September, October, and November 1983. During one such transaction, Bell was also present. Hodge testified that she made similar purchases of cannabis from Bell and Mario Lloyd during September and October 1983.

Officer Claude Posilovich testified that he commenced the investigation into the defendants’ activities in late August 1983. In September 1983, Posilovich and Beard became friendly by speaking Italian to each other. Beard subsequently offered Posilovich money in exchange for police protection of the cannabis operation and for police harassment of a competing operation located nearby. After meeting with his brothers, Mario and Charles Lloyd, Beard offered Posilovich $200 per week for police protection. Posilovich also received $300 from Beard as payment for advance warning that a search warrant for Beard’s residence would be executed.

Posilovich met with Beard, Charles Lloyd, and Mario Lloyd on September 22, 1983. On September 28, 1983, Posilovich met with Beard, Bell, and Charles Lloyd. After this meeting, Posilovich communicated with Beard and the Lloyds through telephone conversations which were recorded, but he had no contact with them between October 14, 1983, and November 3, 1983. On November 3, 1983, Posilovich met with Bell and Beard, who told him that he no longer trusted Posilovich and that he did not want Posilovich to protect his business any longer. Beard stated further that he was still the boss and that the police were too stupid to get him personally.

Assistant State’s Attorney Joseph McNerney testified that on December 6, 1983, he met with Lionel Bell. McNerney indicated that after Bell was advised of his Miranda rights, Bell stated that he had been working with Beard, Mario Lloyd, and Charles Lloyd for several years. Bell stated further that he regularly accompanied Charles Lloyd when he purchased between three and five pounds of cannabis for eventual sale to the public. Bell also indicated that the cannabis sales operation grossed approximately $4,000 per day, with a profit of about $1,000 which Beard split with his girlfriend.

Defense counsel twice objected to the introduction of McNerney’s testimony repeating Bell’s statements. The trial court held that McNerney’s testimony regarding Bell’s statements was admissible but would be considered only as evidence against Bell and would not be considered against the other defendants.

The parties stipulated that if called as a witness, Assistant State’s Attorney Edward Petrucha would testify that on December 2, 1983, he met with Mario Lloyd. Petrucha would testify further that after Mario Lloyd was advised of his Miranda rights, he stated that he and his brothers, Charles Lloyd and Johnny Beard, had been involved in cannabis sales since the latter part of 1981. Petrucha would state that Mario Lloyd identified Bell as one of his workers and stated that the cannabis found in the garage by the police belonged to him and to his brothers.

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Bluebook (online)
567 N.E.2d 428, 208 Ill. App. 3d 484, 153 Ill. Dec. 470, 1990 Ill. App. LEXIS 1967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lloyd-illappct-1990.