People v. Velez

562 N.E.2d 247, 204 Ill. App. 3d 318, 149 Ill. Dec. 783, 1990 Ill. App. LEXIS 1520
CourtAppellate Court of Illinois
DecidedSeptember 28, 1990
Docket1-89-1489
StatusPublished
Cited by20 cases

This text of 562 N.E.2d 247 (People v. Velez) 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. Velez, 562 N.E.2d 247, 204 Ill. App. 3d 318, 149 Ill. Dec. 783, 1990 Ill. App. LEXIS 1520 (Ill. Ct. App. 1990).

Opinion

JUSTICE FREEMAN

delivered the opinion of the court:

Following a bench trial in the circuit court of Cook County, defendant, Israel Velez, was convicted of possession of more than 15 grams of a controlled substance with intent to deliver (Ill. Rev. Stat. 1987, ch. 56x/2, par. 1401(a)(2)), and sentenced to nine years’ imprisonment in the Illinois Department of Corrections. 1 Defendant appeals, contending that the trial court erred in denying his motions to quash his arrest and suppress evidence.

The record reveals that on October 15, 1987, Officer John Neumann, a Chicago policeman, appeared before Judge John Morrissey to obtain a search warrant to search the person of “Israel, a white male Hispanic, 5’7”, 145 lbs., with black hair,” and a second-floor apartment at 3354 West Montrose in Chicago. The complaint in support of the warrant stated that Officer Neumann had obtained information from a reliable, confidential informant who had provided reliable information in the past which resulted in three arrests and two convictions in drug possession cases.

Further, the complaint stated that the informant had told Neumann that on October 15, 1987, he (the informant) had gone to Israel’s apartment at 3354 West Montrose, and was admitted inside by Israel. Once inside, the informant purchased one-half gram of what he believed to be cocaine from Israel. The informant observed as Israel removed the substance from a large package, weighed and packaged it. He then gave Israel $50 in exchange for the one-half gram of the substance. The informant used the substance, which gave him the same effect and feeling that he had received from past cocaine use. Based upon this information Judge Morrissey issued a search warrant to locate cocaine, narcotics paraphernalia, proof of residency and United States currency.

Officer Neumann testified at defendant’s joint bench trial and suppression hearing. According to him, on October 17, 1987, at about 7 p.m., he and several other police officers went to the area of 3354 W. Montrose to execute the search warrant. While parked at the corner of Kimball and Montrose with the informant and another police officer, a car driven by defendant drove by. The informant stated, “[Tjhere goes Israel.”

Neumann ordered the informant out of the car. The officers then watched as defendant parked his car, got out and-walked into the alley behind 3354 West Montrose. The officers drove up to defendant and called out the name “Israel.” Defendant turned in response, and Neumann informed him that he had a search warrant.

As a result of the search of defendant, the officers recovered a bag containing white powder from his left front coat pocket. Defendant was arrested. 2 The substance was later analyzed by the Chicago police department crime lab and determined to be 249.5 grams of cocaine.

On cross-examination Neumann testified that he had written the report of the October 17 search and seizure. He admitted that the facts that the informant was present at the scene and identified defendant on the evening of the search were not included in the report. Neumann stated, however, that what was included in the report was a generalization of what occurred.

Defendant testified, with the aid of an interpreter, in his own defense. Defendant characterized himself as 5 feet 11 inches and weighing 195 lbs; According to him, he and his family live at 3354 West Montrose. In addition to his family, Salvatore Zuniga used to live in the home. Defendant described Zuniga as being about 5 feet 7 inches, 145 pounds, with black hair.

On the evening of October 17, defendant parked his car on Kim-ball and was walking in the alley which leads to the back of his house. Two men in plain clothes approached him, asked him if he had any guns and pushed him against the car. The men then searched him. According to defendant the officers neither called to him by the name of Israel, identified their office, nor told him that they had a search warrant. After the search and seizure of the drugs, the men pushed defendant inside the car and handcuffed him. Defendant remained inside the car for about 45 minutes. Defendant also testified that, prior to October 17, he had not been home since October 15.

On cross-examination defendant stated that he has lived in the United States for about 18 years. When asked whether he spoke English, he responded that he did not understand too much.

Following the joint suppression hearing and bench trial the court denied defendant’s motions to quash the search warrant and arrest and to suppress evidence. Defendant was found guilty of possession of a controlled substance with intent to deliver and he now appeals. We affirm.

Defendant’s sole contention is that the trial court erred in denying his motions to quash the search warrant and arrest and to suppress evidence. He raises two arguments in support thereof. Defendant first argues that the State violated rales of pretrial discovery by not revealing, prior to trial, the presence of the confidential informant on the night of his arrest. He maintains that he was prejudiced by the State’s failure to disclose, and further, he argues that the court erred in denying his motion to compel the State to produce the informant.

Disclosures to the defendant in criminal cases are governed by Supreme Court Rule 412. (107 Ill. 2d R. 412.) The appropriate sanction for failure to comply with discovery rules may be an order of compliance, a continuance, exclusion of the evidence, or other order which the trial court deems just under the circumstances. (107 Ill. 2d 415(g)(i).) The imposition of an appropriate remedy for failure to disclose evidence during discovery is left to the sound discretion of the trial court (People v. Morgan (1986), 112 Ill. 2d 111, 135, 492 N.E.2d 1303, cert. denied (1987), 479 U.S. 1101, 94 L. Ed. 2d 180, 107 S. Ct. 1329), and will not be reversed unless prejudice or surprise is demonstrated. (People v. Sakalas (1980), 85 Ill. App. 3d 59, 72, 405 N.E.2d 1121.) Even though trial courts are given wide latitude in imposing sanctions for discovery violations, the preferred sanctions are recess or continuance, if the granting thereof would be effective to protect the defendant from prejudice or surprise. People v. Carrasquillo (1988), 174 Ill. App. 3d 1023, 1032, 529 N.E.2d 603; People v. Flores (1988), 168 Ill. App. 3d 284, 522 N.E.2d 708.

In considering whether an alleged trial error violated the defendant’s right to disclosure guaranteed by Rule 412 (107 Ill. 2d R. 412), it is necessary to first consider the nature of the defendant’s request. If the request was specific, failure to respond is seldom if ever excusable, but if the request was general then there is a constitutional error only if the omitted evidence creates a reasonable doubt of guilt that did not otherwise exist. (People v. Bouska (1983), 118 Ill. App. 3d 595, 599, 455 N.E.2d 257

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Bluebook (online)
562 N.E.2d 247, 204 Ill. App. 3d 318, 149 Ill. Dec. 783, 1990 Ill. App. LEXIS 1520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-velez-illappct-1990.