People v. Meyer

931 N.E.2d 1274, 402 Ill. App. 3d 1089, 342 Ill. Dec. 91, 73 A.L.R. 6th 699, 2010 Ill. App. LEXIS 713
CourtAppellate Court of Illinois
DecidedJuly 8, 2010
Docket4-09-0153
StatusPublished
Cited by5 cases

This text of 931 N.E.2d 1274 (People v. Meyer) 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. Meyer, 931 N.E.2d 1274, 402 Ill. App. 3d 1089, 342 Ill. Dec. 91, 73 A.L.R. 6th 699, 2010 Ill. App. LEXIS 713 (Ill. Ct. App. 2010).

Opinions

JUSTICE McCULLOUGH

delivered the opinion of the court:

In February 2007, the State charged defendant with two counts of unlawful possession of a weapon by a felon, a Class 3 felony (720 ILCS 5/24 — 1.1(a), (e) (West 2006)). The State alleged that defendant knowingly possessed a Llama 9-millimeter handgun (count IV) and 9-millimeter ammunition (count V), while having a prior felony conviction for burglary. At that time, the State also charged defendant with two counts of delivery of a controlled substance (hydrocodone), one count of unlawful delivery of a controlled substance (morphine), and one count of unlawful possession with intent to deliver a controlled substance (hydrocodone) (720 ILCS 570/401(d) (West 2006)). The State later severed defendant’s drug and weapons charges, going to trial first on the weapons charges.

In June 2007, a jury convicted defendant of two counts of unlawful possession of a weapon by a felon. In July 2007, defendant entered a negotiated guilty plea to one count of delivery of a controlled substance, and the State dismissed the remaining charges. In August 2007, the trial court sentenced defendant to three years’ imprisonment on each weapons count and four years on the delivery count, with all sentences to be served concurrently. In November 2008, this court dismissed defendant’s initial appeal from his weapons convictions because of a pending motion to reduce sentence in People v. Meyer, No. 4 — 08—0039, slip order at 9 (November 13, 2008) (unpublished order pursuant to Supreme Court Rule 23). On remand, the court permitted defendant to withdraw his motion to reduce sentence because he had finished serving his prison term.

Defendant again appeals his convictions for unlawful possession of a weapon and ammunition by a felon. Defendant argues (1) his trial counsel was ineffective for failing (a) to move to suppress video taken of the inside of his home by a confidential informant, (b) to challenge the warrant application as fatally defective, and (c) to stipulate to defendant’s status as a convicted felon; (2) the evidence was insufficient to sustain a conviction for possession of handgun ammunition, as the State failed to show that the ammunition was live; (3) the State committed plain error when it introduced evidence regarding defendant’s prior felony conviction; (4) plain error occurred when the videotape was admitted without a proper foundation; and (5) the prosecutor committed reversible error when he made improper comments on the evidence during closing arguments. We affirm.

On December 20, 2006, Harold Meyers, a confidential informant of the West Central Illinois Task Force, agreed to wear a buttonhole camera during the controlled purchase of narcotics from defendant. Following the purchase, Meyers filled out an affidavit, which stated the following:

“1. Jane Doe is not my real name, but is the name I am using for this search warrant.

2. *** I have read the description for [defendant’s] trailer that is contained in the search warrant and it is true and correct.

3. *** I am familiar with the color and texture of Hydrocodone, Morphine, and Adderal through my own personal use.

4. Within the last 72 hours I have been to the residence of [defendant] ***. At the time I was inside the residence, I saw approximately 20-30 Hydrocodone pills lying on top of a table in plain view inside of the kitchen area ***.

5. On prior occasions I have received and purchased Hydrocodone from [defendant],

6. I was also shown a photograph of a subject who I identified as [defendant].

7. I have not been promised anything in return for my cooperation in this case.”

In conjunction with Meyers’s affidavit, Officer Brian Martin of the Quincy police department filed a complaint for a search warrant of defendant’s trailer. The application further alleged Meyers had informed police that defendant was selling prescription narcotics out of his home for between $3 and $10 per pill. On December 21, a trial judge granted police a warrant to search for prescription narcotics in defendant’s home. Neither the warrant application nor Meyers’s affidavit mentioned the firearm, the ammunition, the controlled purchase, or the video.

On December 22, 2006, police executed the search warrant. A search of the premises turned up a 9-millimeter Llama handgun, 9 rounds of unfired ammunition, one 9-millimeter magazine, 20 tablets of hydrocodone, and proof of address. The handgun was found inside a lockbox, which police also confiscated.

Also on December 22, the State filed a four-count information against defendant. In February 2007, a grand jury indictment containing the charges listed above superceded the original information.

Prior to trial, the State sought defendant’s stipulation that he had a 1972 felony burglary conviction. Defense counsel declined to stipulate to the prior conviction.

At defendant’s June 2007 trial, the State introduced as evidence the testimony of Officer Martin and Inspector Lee Mangold of the Quincy police department, along with the digital video disc (DVD) showing defendant holding pills and a firearm taken by Meyers. The DVD was played for the jury. Defendant’s trial counsel did not object to the DVD being played.

The State then offered defendant’s indictment for burglary, guilty-plea form, jury-waiver form, and probation order as proof of defendant’s 1972 felony burglary conviction.

Defendant testified in his own behalf. Defendant admitted that he was the person on the video holding the handgun. Defendant also admitted that he had received the handgun a few days before from a cousin for safekeeping. He placed it in the lockbox because his relatives’ children were frequently in his home over the holidays. Defendant also admitted that he did not have a valid firearm owner’s identification (FOID) card and had been convicted of burglary in 1972.

David Winters testified that he was defendant’s cousin. Winters purchased the handgun and ammunition, which was live, in Arkansas. Winters did not have a valid FOID card, so he gave the handgun and ammunition to defendant for safekeeping. Defendant had the only key to the lockbox in which the handgun and ammunition were found.

As stated, this court dismissed defendant’s- initial appeal because the trial court had not ruled on his motion to reduce sentence. Meyer, slip order at 9. Following the dismissal, the court permitted defendant to withdraw his motion as moot because he had finished serving his prison term.

This appeal followed.

Defendant first argues that his trial counsel rendered ineffective assistance when he (1) failed to move to suppress the video as the product of an illegal search, (2) failed to challenge the warrant itself as defective, and (3) declined to stipulate to defendant’s status as a felon.

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People v. Woods
2024 IL App (3d) 230592 (Appellate Court of Illinois, 2024)
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2015 IL App (2d) 141172 (Appellate Court of Illinois, 2015)
People v. Brock
2012 IL App (4th) 100945 (Appellate Court of Illinois, 2012)
People v. Meyer
931 N.E.2d 1274 (Appellate Court of Illinois, 2010)

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Bluebook (online)
931 N.E.2d 1274, 402 Ill. App. 3d 1089, 342 Ill. Dec. 91, 73 A.L.R. 6th 699, 2010 Ill. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meyer-illappct-2010.