People v. Tribett

424 N.E.2d 688, 98 Ill. App. 3d 663, 53 Ill. Dec. 897, 1981 Ill. App. LEXIS 3051
CourtAppellate Court of Illinois
DecidedJuly 17, 1981
Docket80-752
StatusPublished
Cited by60 cases

This text of 424 N.E.2d 688 (People v. Tribett) 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. Tribett, 424 N.E.2d 688, 98 Ill. App. 3d 663, 53 Ill. Dec. 897, 1981 Ill. App. LEXIS 3051 (Ill. Ct. App. 1981).

Opinion

Mr. JUSTICE MEJDA

delivered the opinion of the court:

Defendant was indicted for the possession of a controlled substance. (Ill. Rev. Stat. 1977, ch. 5&í, par. 1402(a).) Following a bench trial, he was found guilty and sentenced to a term of 6 years.

On appeal, he contends that: (1) the State failed to establish probable cause for his arrest; (2) the State failed to prove a continuous chain of possession of the controlled substance; (3) the court erroneously admitted evidence of a prior conviction; (4) he was improperly questioned concerning the veracity of another witness; (5) the court erred in failing to excuse, sua sponte, a prospective juror who expected defendant to prove himself innocent; (6) he was denied a fair trial as a result of the cumulative effect of trial errors; and (7) he was not proved guilty beyond a reasonable doubt. We affirm.

Prior to trial defendant filed a motion to quash arrest and suppress evidence. At the hearing on the motion, defendant testified that on June 21, 1977, he was employed by a television service in Chicago. At 9:45 p.m., he left work and proceeded to his girlfriend’s apartment located at 3620 North Pine Grove. On his way he stopped at the Jewel supermarket where he purchased four TV dinners. He then parked his car in the 3600 block of Broadway and walked down Patterson Street and then over to Pine Grove. As he was walking east on Pine Grove, defendant felt a need to urinate, so he went to the parking lot behind the building at 3620 North Pine Grove. While he was urinating, a squad car pulled into the parking lot, two officers jumped out with their guns drawn and instructed defendant to put his hands over his head. When told to do this, defendant was still urinating. After being told a second time, he set the TV dinners on the car next to him and raised his hand.

Defendant further testified that he was then searched by one of the officers. Not finding anything, the officer took his flashlight and looked under the car next to defendant. The officer recovered a package approximately 15 feet from where defendant was standing. After informing the officer that the package did not belong to him, he was placed under arrest.

Officer Fraser testified that on June 21,1977, he and his partner were on patrol in a marked squad car and in uniform. As he was driving on Patterson near Pine Grove, he saw defendant walking on Patterson and then run into an alley leading to the parking lot at 3658 North Pine Grove. The officers in their squad car followed defendant into the alley and observed defendant standing between a parked car and a wall. The officers, with their guns drawn, identified themselves and ordered defendant to turn around. After the second order, defendant, while urinating, turned around. Defendant raised his right hand into the air but kept his left hand near the waistband area of his pants. Fraser then observed defendant drop a packet to the ground and attempt to kick it with his foot. After retrieving the packet which contained a crushed brown powder, Fraser placed defendant under arrest. Thereafter, the court denied defendant’s motion to quash arrest and suppress evidence.

The following pertinent evidence was adduced at trial.

Officer Fraser testified that on June 21, 1977, he was on patrol with his partner, Officer O’Grady. As they were proceeding westbound on Patterson, they observed defendant walking toward them. Fraser continued to drive westbound when he saw defendant run into an alley. The officers followed defendant and momentarily lost sight of him, after which Fraser saw defendant facing a cement wall between two parked cars in the parking lot. The officers got out of their squad car and ordered defendant to turn around. Defendant was urinating and when told to turn around a second time, he complied. Defendant put his right hand in the air and kept his left hand around his waistband. Defendant threw a packet to the ground and attempted to kick it under a car. Fraser picked it up, saw it contained a crushed brown powder, and placed it in his pocket. Defendant was then arrested and taken to the police station.

Fraser further testified that at the station he handed the packet to O’Grady who placed it in a department evidence envelope. O’Grady put his signature on the back of the envelope and then placed tape over the signature to insure that they would be able to detect whether anyone tampered with the envelope. An evidentiary number and a record’s division number were also placed on the envelope. O’Grady then left the room with the envelope and went downstairs. Fraser did not go with him. At trial O’Grady was unable to testify because he had been killed in a car accident several months earlier.

After testifying, over objection, as to the general procedure for transporting evidence to the police laboratory, Fraser identified the envelope and the brown substance contained therein, marked for identification purposes, as the articles obtained on the night of June 21, 1977. Fraser also identified Officer O’Grady’s signature. Although O’Grady’s signature and the tape were intact, the envelope was not in the same condition as when he had last seen it. The envelope now had staple markings, tape and initials as well as a slit along one side. After the arrest, the next time Fraser saw the envelope containing the controlled substance was the morning of trial.

Elizabeth Olsen-Koza, a chemist for the Chicago Police Department, testified that on June 29,1977, she received a sealed envelope. She did not know when the envelope was received by the police laboratory; however, when shown a receipt, she testified that it arrived June 22, 1977. After performing a series of tests, Ms. Olsen-Koza was able to determine that the substance was diacetyl morphine, the chemical name for heroin, and that it had a total weight of 38.45 grams.

At this point defendant’s objection to the admission of the brown substance into evidence on the ground that the State had failed to prove a continuous chain of possession was overruled.

Defendant’s testimony at trial mirrored the testimony he gave at the hearing on his motion to quash arrest and suppress evidence, except that at trial, he also testified that while standing in the parking lot, he saw the door to the building close as if someone had just walked in.

In rebuttal, the State, over objection, introduced a certified copy of defendant’s prior conviction. In 1975, defendant had pleaded guilty to possession of a controlled substance for which he received 5 years’ probation.

Thereafter, the jury found defendant guilty of possession of a controlled substance. Following a hearing in aggravation and mitigation, he was sentenced to a term of 6 years. Defendant appeals.

Opinion

I

Defendant first contends that the controlled substance seized at the time of his arrest should have been suppressed because the State failed to establish probable cause for his arrest. He argues that his arrest occurred at the point Officer Fraser and his partner jumped out of the car with their guns drawn. The State maintains that defendant was not arrested until after he voluntarily dropped the packet to the ground.

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Bluebook (online)
424 N.E.2d 688, 98 Ill. App. 3d 663, 53 Ill. Dec. 897, 1981 Ill. App. LEXIS 3051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-tribett-illappct-1981.