People v. Wheat

889 N.E.2d 1195, 383 Ill. App. 3d 234, 321 Ill. Dec. 635, 2008 Ill. App. LEXIS 580
Appellate Court of Illinois·Decided June 2, 2008·No. 2-06-0888·Published·Cited by 10 cases

Opinion

JUSTICE BOWMAN

delivered the opinion of the court:

Following a jury trial, defendant, Kevin W. Wheat, was convicted of possession with intent to deliver more than 100 but less than 400 grams of cocaine (720 ILCS 570/401(a)(2)(B) (West 2002)). He was sentenced to 16 years’ imprisonment. On appeal, defendant argues that: (1) the trial court erred by denying his motion to quash a search warrant and suppress evidence; (2) the trial court erred by responding to a jury question asking for a definition of “reasonable doubt”; (3) the trial court erred by refusing defendant’s request to poll the jury; and (4) he is entitled to a credit of $1,430 against his fines. We affirm in part, reverse in part, and remand for a new trial.

I. BACKGROUND

The background material in section I is nonpublishable under Supreme Court Rule 23.

II. ANALYSIS

A. Motion to Quash and Suppress

The material in section II is nonpublishable under Supreme Court Rule 23.

B. Polling the Jury

We address defendant’s argument that the trial court erred by refusing his request to poll the jury, as we find this issue dispositive of the remainder of the case. Defendant argues that the record shows that the trial court gave him no more than two seconds to ask for the jury to be polled before discharging the jury and that he ultimately made the request to poll while the jury was still present.

We summarize the facts surrounding defendant’s request to poll in some detail, as they are particularly relevant in determining whether the request was timely and whether defendant was otherwise given the opportunity to request a poll. When the jury returned after deliberations, the trial court read the verdict and noted that the jurors had signed the pertinent verdict form and left the other two verdict forms unsigned. Within two seconds, the trial court then addressed the jury as follows:

“[THE COURT:] All right. Thank you, ladies and gentlemen of the jury. You are now discharged from your duties and responsibilities.
You can now write the book or not write the book. It’s up to you.
[DEFENSE COUNSEL:] Judge—
THE COURT: You can dis — discuss with the defense attorney anything that you choose or not discuss with the defense attorney. Sometimes the lawyers have questions. Feel free to answer them. Feel free not to answer them.
The State’s Attorney stepped out for a few moments, and I wasn’t gonna keep you in there ’cause I’m not sure how long *** before he comes back, so I thought you have done your job and I’m discharging you, as I say, from your duties.”

The trial court then told the jurors that, if they were wondering what would happen next, there would typically be posttrial motions in which the defense attorney would point out any errors that occurred. If the trial court denied the motions, it would proceed to sentencing, which the trial court described to the jury in general terms. The trial court next stated, “So that’s the process. It will continue on for some time to come.” There was a pause of about four seconds, after which defense counsel stated, “Your Honor, we would make a motion [that] the Jury be polled.” The trial court replied, “I’ve already discharged them. I looked at you and waited a moment, and you didn’t ask for it. So they’ve been discharged.”

The trial court then told the jury, in remarks that the record shows lasted about 54 seconds:

“As you — as you walk out of the courtroom!,] *** if you walk by those monuments out there, the people that paid for the seats we’re in, I think you can walk by with a sense of pride knowing that you discharged your responsibilities. You gave the Defendant an opportunity for a fair trial, I think a very fair trial. You did what you were supposed to do. And as I say, you can walk by knowing that you didn’t let those people down, that they did not die in vain, they died to make sure that people would have an opportunity, among other things, freedom of region [sic], freedom of speech, but certainly freedom to have a jury trial and to make the government prove that which it accuses us of.
Thank you very much for your service. Have a good day.”

During the hearing on defendant’s motion for a new trial, in discussing the request to poll, the trial court stated that the verdict had been returned and it had discharged the jury. Defense counsel responded that, after “the jury read the instruction [szc],” “the court looked at [him] for a second or two” and then discharged the jury. Defense counsel further stated that he asked to poll the jury in the middle of the trial court’s instruction, but the trial court informed him that the jury had already been discharged, and it did not poll the jury. The trial court replied that it had never seen a jury flip on a polling issue, though a flip could theoretically happen. It “looked, [it] didn’t hear a request for a polling, [it] spoke, [and] discharged the jury.” The trial court stated that it considered asking the jurors to sit back down and go through the polling process, but decided that, since it had dismissed them, they could “go on their way.” The trial court denied defendant’s motion for a new trial.

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People v. Wheat, 889 N.E.2d 1195, 383 Ill. App. 3d 234, 321 Ill. Dec. 635, 2008 Ill. App. LEXIS 580 (Ill. Ct. App. 2008).

889 N.E.2d 1195 (People v. Wheat) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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