People v. Foerster, 1-04-0749.
| Court | Supreme Court of Illinois |
| Writing for the Court | Campbell |
| Citation | 833 N.E.2d 942 |
| Parties | The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jason FOERSTER, Defendant-Appellant. |
| Docket Number | No. 1-04-0749.,1-04-0749. |
| Decision Date | 25 July 2005 |
Page 942
v.
Jason FOERSTER, Defendant-Appellant.
Michael J. Pelletier, Deputy Defender, Office of the State Appellate Defender (Joshua A. Tepfer, Assistant Appellate Defender, of counsel), for Appellant.
Richard A. Devine, State's Attorney, Cook County (Renee Goldfarb, Alan J. Spellberg, Sally L. Dilgart, Michael A. Kuczwara, Jr., of counsel), for Appellee.
Presiding Justice CAMPBELL delivered the opinion of the court:
Following a bench trial, defendant Jason Foerster was convicted of possession of a
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controlled substance and sentenced to two years in prison. On appeal, defendant contends that: (1) nothing in the record indicates that he knowingly and intelligently waived his constitutional right to confrontation before his trial counsel entered into a stipulation regarding the chain of custody and chemical composition of the recovered substances; (2) he was not properly admonished pursuant to Supreme Court Rule 605(a) (Official Reports Advance Sheet No. 21 (October 17, 2001) R. 605(a), eff. October 1, 2001); and (3) the compulsory extraction of his DNA pursuant to section 5-4-3 of the Unified Code of Corrections (Code) (730 ILCS 5/5-4-3 (West 2002)) violated his right to be free from unreasonable searches and seizures. We affirm.
At trial, Officers Russell Bacius and Robert Arnolts testified that at about 9:30 p.m. on May 28, 2003, they were conducting a narcotics surveillance in the area of 4623 North Chester in Chicago. Officer Bacius testified that an unoccupied white Chevrolet vehicle was parked on Chester about 20 to 25 feet away from where the officers were conducting their surveillance. A Ford Escort with four occupants pulled up behind the Chevrolet. Maurice Green then exited the apartment building located at 4623 Chester and walked over to the Chevrolet. Jason Bono exited the Chevrolet, and Green then opened the driver's door of the Chevrolet and grabbed a gym bag inside the vehicle. Green placed the bag on top of the trunk, and Bono handed Green some money. Green then opened the bag and removed some small plastic bags which he handed to Bono. Officers Bacius and Arnolts then began to walk over to where Green and Bono were standing. As the officers approached, Green threw the bag into the Chevrolet. Officer Bacius then announced his office. Bono dropped from his hand three small clear plastic bags containing suspect crack cocaine. Officer Bacius placed Bono in custody and recovered the dropped items.
Officer Bacius further testified that he told the three other occupants of the Ford Escort not to move. Officers Bacius and Arnolts testified that they noticed defendant sitting in the Ford Escort with a cellular phone on his lap. Officer Arnolts ordered defendant to exit the vehicle. As defendant stepped out of the vehicle, the cellular phone that was on his lap slid off and so did a clear plastic bag containing a yellow rock-like substance. Officer Bacius testified that defendant was placed in custody and the item that slid off his lap was inventoried under number 10145663.
The parties entered a signed narcotics stipulation which provided, in relevant part:
"[A] proper chain of custody [was] maintained at all times. * * * The chemist's expert opinion within a reasonable degree of scientific certainty is the contents of the tested item was positive for the presence of cocaine."
At the close of the evidence, defendant was found guilty of possession of a controlled substance. Defendant filed a motion for a new trial, which the court denied and sentenced defendant to two years in prison.
On appeal, defendant first contends that nothing in the record indicates that he knowingly and intelligently waived his constitutional right to confrontation before his trial counsel entered into a stipulation regarding the chain of custody and chemical composition of the recovered substances.
This issue is currently pending before the Illinois Supreme Court in People v. Phillips, 352 Ill.App.3d 867, 288 Ill.Dec. 208, 817 N.E.2d 566 (2004), pet. for leave to appeal allowed, ___ Ill.2d ___, No. 99568 (February 24, 2005). Phillips was an appeal from the Third District, holding that
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the record must affirmatively establish that the defendant did not object to or dissent from his attorney's decision to enter a stipulation. Phillips,...
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People v. Matthews, 1-04-1656.
...to differing interpretations in various decisions of the appellate court. See 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,......
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People v. Rowell, 4-04-0481.
...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, 350-51, 297 Ill.Dec. 80, 836 N.E.2d 811, 818-19 (2005); People v. Rodriguez, 362 Ill.App.3d 4......
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People v. Rodriguez, 1-04-3546.
...v. Orta, 361 Ill.App.3d 342, 297 Ill.Dec. 80, 836 N.E.2d Page 547 811 (2005); 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 In this case, nothing on the record indicates that defendant o......
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People v. Hunter, 1-06-0367.
...explicitly waived 875 N.E.2d 1151 his right of confrontation. See People v. Foerster, 359 Ill.App.3d 198, 200, 295 Ill. Dec. 736, 833 N.E.2d 942 Defendant also argues that the cases the State relies on, notably Phillips and Campbell, involved direct appeals and did not involve a postconvict......
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People v. Matthews, 1-04-1656.
...to differing interpretations in various decisions of the appellate court. See 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,......
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People v. Rowell, 4-04-0481.
...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, 350-51, 297 Ill.Dec. 80, 836 N.E.2d 811, 818-19 (2005); People v. Rodriguez, 362 Ill.App.3d 4......
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People v. Rodriguez, 1-04-3546.
...v. Orta, 361 Ill.App.3d 342, 297 Ill.Dec. 80, 836 N.E.2d Page 547 811 (2005); 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 In this case, nothing on the record indicates that defendant o......
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People v. Hunter, 1-06-0367.
...explicitly waived 875 N.E.2d 1151 his right of confrontation. See People v. Foerster, 359 Ill.App.3d 198, 200, 295 Ill. Dec. 736, 833 N.E.2d 942 Defendant also argues that the cases the State relies on, notably Phillips and Campbell, involved direct appeals and did not involve a postconvict......