People v. Banks, 1-04-0801.
| Court | Supreme Court of Illinois |
| Writing for the Court | Karnezis |
| Citation | 833 N.E.2d 928 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Olajide BANKS, Defendant-Appellant. |
| Docket Number | No. 1-04-0801.,1-04-0801. |
| Decision Date | 20 July 2005 |
v.
Olajide BANKS, Defendant-Appellant.
Page 929
Michael J. Pelletier, Deputy Appellate Defender (Emily E. Filpi, Assistant Appellate Defender, of counsel), for Appellant.
Richard A. Devine, State's Attorney of Cook County (Renee Goldfarb, Mary L. Boland, Sally Dilgart, Leanna Baly, of counsel), for Appellee.
Presiding Justice KARNEZIS delivered the opinion of the court:
Defendant Olajide Banks was convicted after a bench trial of delivery of a controlled substance and was sentenced to 24 months' probation. On appeal, defendant contends that he is entitled to a new trial because the record does not indicate that he knowingly and intelligently waived his right to confront witnesses before his trial counsel stipulated to the chemical composition of, and chain of custody over, the recovered evidence. Defendant also contends that section 5-4-3 of the Unified Code of Corrections (730 ILCS 5/5-4-3 (West 2002)) (the Code), under which he was required to submit a DNA sample, is unconstitutional. We affirm.
At trial, the State presented the testimony of three Chicago police officers involved in narcotics surveillance near the Bryn Mawr "el" stop on March 14, 2003. Officer Jennifer Fowler testified that at approximately 4:45 p.m., she saw a woman later identified as Susan Singleton approach defendant, whom Fowler knew, near the "el" stop and hand him money. Defendant than reached into his mouth and spit a pea-sized object wrapped in plastic into his hand. Defendant gave the object to Singleton, who kept it in her clenched right fist.
Page 930
Fowler radioed descriptions of defendant and Singleton to enforcement officers. Officer Eric Torres received Fowler's transmission and approached Singleton in an unmarked squad car. As he exited his vehicle, Singleton looked in his direction and casually dropped from her right fist a small item. Torres recovered the item, and Fowler identified Singleton as the woman engaged in the suspected narcotics transaction.
Officer Sean Barkstrom received a radio transmission describing the suspected seller. Barkstrom approached the Bryn Mawr "el" stop in his squad car and stopped defendant. Defendant was arrested after Fowler identified him as the man engaged in the suspected narcotics transaction.
The parties stipulated that a proper chain of custody was maintained at all times over the item Torres recovered and that forensic chemist Mohammed Sarwar would testify that the item, which weighed 0.1 gram, tested positive for cocaine.
After defendant was found guilty and sentenced, he was ordered to submit a DNA sample pursuant to section 5-4-3 of the Code.
Defendant contends on appeal that because the record is devoid of any indication that his attorney informed him of the legal consequences of entering into the above stipulation, or that he consented to his attorney's decision to enter into the stipulation, his confrontation rights under the federal and state constitutions were violated. Defendant relies on the Third District's decision in People v. Phillips, 352 Ill.App.3d 867, 288 Ill.Dec....
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People v. Rowell, 4-04-0481.
...Appellate Court held that the Phillips II court misinterpreted Campbell); People v. Banks, 358 Ill.App.3d 924, 926, 295 Ill.Dec. 722, 833 N.E.2d 928, 930 (2005); People v. Foerster, 359 Ill.App.3d 198, 200, 295 Ill.Dec. 736, 833 N.E.2d 942, 944 (2005); People v. Orta, 361 Ill.App.3d 342, 35......
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People v. Matthews, No. 1-04-1656.
...People v. Foerster, 359 Ill.App.3d 198, 295 Ill.Dec. 736, 833 N.E.2d 942 (2005); People v. Banks, 358 Ill.App.3d 924, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005); People v. Scott, 355 Ill.App.3d 741, 291 Ill.Dec. 726, 824 N.E.2d 302 (2005); People v. Phillips, 352 Ill. App.3d 867, 288 Ill.Dec. ......
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People v. Phillips, No. 99568.
...a forensic expert in order to focus on other theories of the defense); People v. Banks, 358 Ill.App.3d 924, 926, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005) ("counsel's decision to enter into the stipulation in order to focus on other aspects of the case, including challenging the recollection ......
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People v. Rodriguez, No. 1-04-3546.
...People v. Foerster, 359 Ill.App.3d 198, 295 Ill.Dec. 736, 833 N.E.2d 942 (2005); People v. Banks, 358 Ill.App.3d 924, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005). In this case, nothing on the record indicates that defendant objected to the stipulation as to the chemical composition and chain of......
-
People v. Rowell, 4-04-0481.
...Appellate Court held that the Phillips II court misinterpreted Campbell); People v. Banks, 358 Ill.App.3d 924, 926, 295 Ill.Dec. 722, 833 N.E.2d 928, 930 (2005); People v. Foerster, 359 Ill.App.3d 198, 200, 295 Ill.Dec. 736, 833 N.E.2d 942, 944 (2005); People v. Orta, 361 Ill.App.3d 342, 35......
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People v. Matthews, No. 1-04-1656.
...People v. Foerster, 359 Ill.App.3d 198, 295 Ill.Dec. 736, 833 N.E.2d 942 (2005); People v. Banks, 358 Ill.App.3d 924, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005); People v. Scott, 355 Ill.App.3d 741, 291 Ill.Dec. 726, 824 N.E.2d 302 (2005); People v. Phillips, 352 Ill. App.3d 867, 288 Ill.Dec. ......
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People v. Phillips, No. 99568.
...a forensic expert in order to focus on other theories of the defense); People v. Banks, 358 Ill.App.3d 924, 926, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005) ("counsel's decision to enter into the stipulation in order to focus on other aspects of the case, including challenging the recollection ......
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People v. Rodriguez, No. 1-04-3546.
...People v. Foerster, 359 Ill.App.3d 198, 295 Ill.Dec. 736, 833 N.E.2d 942 (2005); People v. Banks, 358 Ill.App.3d 924, 295 Ill.Dec. 722, 833 N.E.2d 928 (2005). In this case, nothing on the record indicates that defendant objected to the stipulation as to the chemical composition and chain of......