People v. Salazar

570 N.E.2d 802, 211 Ill. App. 3d 899, 156 Ill. Dec. 326, 1991 Ill. App. LEXIS 468
CourtAppellate Court of Illinois
DecidedMarch 28, 1991
Docket1-89-1202
StatusPublished
Cited by22 cases

This text of 570 N.E.2d 802 (People v. Salazar) 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. Salazar, 570 N.E.2d 802, 211 Ill. App. 3d 899, 156 Ill. Dec. 326, 1991 Ill. App. LEXIS 468 (Ill. Ct. App. 1991).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Defendant, Ismael Salazar, was convicted of possessing more than 30 grams of a controlled substance with intent to deliver (Ill. Rev. Stat. 1983, ch. 56½, par. 1401(a)(2)) following a jury trial in the circuit court of Cook County. Defendant was sentenced to the penitentiary for a term of 22 years.

Defendant appeals, contending: (1) the State failed to prove beyond a reasonable doubt his guilt and (2) he was denied effective assistance of counsel. Defendant additionally contends he was denied a fair trial because the trial judge (3) denied his request for supplemental voir dire questions and (4) erred in several evidentiary rulings; (5) the prosecutor made improper and prejudicial remarks during closing argument; (6) the trial judge refused to give a tendered jury instruction; and (7) refused to answer questions by the jury during its deliberations. Defendant lastly contends (8) his sentence was excessive.

We affirm the judgment of the trial court.

Background

The record contains the following pertinent facts. On March 11, 1986, Chicago police officer Thomas Finnelly swore out a search warrant for the Fullerton Gift Shop, located at 3563 West Fullerton Avenue in Chicago, and a person who frequented the premises, known as “Cubano.” Officer Finnelly executed the warrant with Chicago police officers Martinez, Sebeck, McCue, Figueroa, Orseshe, and Chicago police sergeant Wagner.

The gift shop was in the first-floor storefront of a two-story building. The shop window had burglar gates across it. Officer Martinez, in civilian dress, knocked on the glass door, which was locked. Defendant came from a back room and approached the door; his hand was in his right jacket pocket. Defendant unlocked the door, and Martinez walked into the shop. Finnelly and the other police officers followed immediately and announced their office. Defendant stood at the far end of the shop’s counter, and Benjamin Cabera stood behind the counter. Observing that one of defendant’s hands was in his jacket pocket, Finnelly ordered defendant not to move. A “pat-down” search of defendant revealed a semi-automatic handgun in defendant’s jacket pocket. Cabera also carried a pistol.

The officers showed defendant and Cabera the search warrant and took them to a furnished room behind the shop. A search of that room yielded another handgun. Searching the main part of the shop, the officers found a wastepaper can below the counter. The can was lined with a clear plastic bag and contained 13 plastic bags filled with cocaine. In the building’s basement, the officers found various drug paraphernalia lying on a desktop. They also found a suitcase containing five large plastic bags filled with cocaine. Officers Szoldatits and Feret of the police department’s canine unit subsequently joined the search assisted by drug-sniffing dogs. The search yielded a total of 2,869 grams of cocaine, which had a street value of approximately $300,000.

The building had only two entrances that led to the basement stairs. One entrance was locked from the outside with burglar gates and from the inside with a wooden beam. The other entrance was through the shop. Officer Finnelly found a city license certificate and a State revenue department registration certificate that were both issued to defendant for the Fullerton Gift Shop. Preparing to leave the shop, defendant gathered his socks and shoes from the backroom. Officers locked the building with defendant’s keys.

On March 27, 1986, defendant and Cabera were jointly charged by information with possessing more than 30 grams of a controlled substance, i.e., cocaine, with intent to deliver. Attorney Michael Green represented defendant from April 1986 to June 1988. Attorney John Cutrone represented defendant during the pretrial proceedings, trial, and sentencing hearing. The trial court provided defendant with an English-Spanish interpreter, who was present during the pretrial proceedings of record, throughout the trial, and at the sentencing hearing.

Prior to trial, all parties presented various motions in limine. Defendant moved to exclude from trial any reference to the street value of the cocaine seized in defendant’s arrest. Defendant argued that the cocaine’s street value was not relevant to any material issue in the case. The trial judge denied the motion, finding that the probative value of the evidence outweighed its prejudicial impact.

Defendant tendered five proposed voir dire questions. The trial judge denied defendant’s motion. The judge found that the questions were addressed either by the venirepersons’ general oath to answer truthfully questions put to them or by more general questions.

The State moved to exclude any reference to Raphael Rodriguez’s Federal conviction of drug possession. The State argued that such evidence was not relevant to any material issue in the case. In response, defendant asserted that Rodriguez actually leased the premises. Defendant argued that evidence of Rodriguez’s drug conviction went to the ownership or possession of the seized cocaine. The trial judge denied the motion, finding that Rodriguez’s drug conviction was irrelevant. The court reasoned that even if Rodriguez owned or possessed the same cocaine for which defendant was charged, ownership or possession could be joint; the fact of Rodriguez’s conviction would not be relevant to the issue of defendant’s guilt or innocence.

Cabera then moved to exclude from trial any reference to the handguns found in the search. The trial court denied the motion, finding that the evidence was relevant to the issue of defendant’s guilt.

Cabera requested a bench trial. As a result, defendant and Cabera were jointly tried, but defendant was tried before a jury while Cabera was tried before the bench. At trial, Officers Finnelly and Martinez testified for the State. In addition to the above-stated pertinent facts, Officer Finnelly testified that he was familiar with the neighborhood surrounding the Fullerton Gift Shop. He further testified that it was not unusual for shopkeepers to equip their businesses with burglar gates and to possess guns.

Michael Zuccaro, the landlord of the building, testified for the State as follows. Zuccaro leased the building’s units. Immediately prior to November 1985, Zuccaro leased the premises to Cabera. During Cabera’s tenancy, the other tenants in the building had access to the building’s basement to do their laundry. Zuccaro leased the premises to defendant in November 1985; defendant signed the lease. Subsequent to the start of defendant’s tenancy, the other tenants in the building were excluded from the basement, which had no windows. The State rested. Officer Szoldatits was defendant’s sole witness.

The jury convicted defendant as charged. At the sentencing hearing, the trial judge denied defendant’s post-trial motion. At the close of the hearing, the trial judge sentenced defendant to a prison term of 22 years. Defendant appeals.

Opinion

I

Defendant claims that the evidence failed to establish beyond a reasonable doubt his guilt.

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Bluebook (online)
570 N.E.2d 802, 211 Ill. App. 3d 899, 156 Ill. Dec. 326, 1991 Ill. App. LEXIS 468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-salazar-illappct-1991.