People v. Phillips

• Decision Date: 01 December 2005
• Docket Number: No. 99568.,99568.
• Citation: 840 N.E.2d 1194
• Parties: The PEOPLE of the State of Illinois, Appellant, v. Joanne Y. PHILLIPS, Appellee.
• Court: Illinois Supreme Court

840 N.E.2d 1194

The PEOPLE of the State of Illinois, Appellant, v. Joanne Y. PHILLIPS, Appellee.

No. 99568.

Supreme Court of Illinois.

December 1, 2005.

Lisa Madigan, Attorney General, Springfield, and Terence M. Patton, State's Attorney, Cambridge (Gary Feinerman, Solicitor General, Linda D. Woloshin and Leah C. Myers, Assistant Attorneys

General, Chicago, and Norbert J. Goetten, Lawrence M. Bauer and Terry A. Mertel, of the Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Donna Kelly and Thomas A. Karalis, Assistant Defenders, of the Office of the State Appellate Defender, Ottawa, for appellee.

Justice KARMEIER delivered the opinion of the court:

Defendant, Joanne Y. Phillips, was charged in the circuit court of Henry County with unlawful possession of a controlled substance with intent to deliver (720 ILCS 570/401(c)(2) (West 1998)), unlawful possession of a controlled substance (720 ILCS 570/402(c) (West 1998)), unlawful possession of cannabis (720 ILCS 550/4(a) (West 1998)), and driving while license suspended (625 ILCS 5/6-303 (West 1998)). A jury found defendant guilty of the charged offenses. Defendant was subsequently sentenced to four years' imprisonment for the offense of possession of a controlled substance with intent to deliver. The conviction for possession of a controlled substance was vacated; defendant was sentenced to time served on the cannabis conviction; and a conviction was entered for the offense of driving while license suspended.

Defendant appealed, arguing, inter alia, that the admission into evidence of lab reports violated her constitutional right to be confronted with the witnesses against her, an argument that appears to have been premised, "significantly," upon our decision in People v. McClanahan, 191 Ill.2d 127, 246 Ill.Dec. 97, 729 N.E.2d 470 (2000) (holding section 115-15 of the Code of Criminal Procedure of 1963 unconstitutional because it impermissibly required a defendant to take a procedural step to secure his constitutional right of confrontation). The appellate court affirmed the judgment and sentence of the circuit court. People v. Phillips, 326 Ill.App.3d 157, 259 Ill.Dec. 885, 759 N.E.2d 946 (2001). The court found defendant's confrontation contention "unavailing," noting that "the lab reports were properly admitted into evidence * * * pursuant to the stipulation of the parties." 326 Ill.App.3d at 161, 259 Ill.Dec. 885, 759 N.E.2d 946.

This court denied the defendant's ensuing petition for leave to appeal, but issued a supervisory order directing the appellate court to vacate its judgment and reconsider in light of People v. Campbell, 208 Ill.2d 203, 280 Ill.Dec. 684, 802 N.E.2d 1205 (2003), "to determine if a different result is warranted." See People v. Phillips, 208 Ill.2d 550, 281 Ill.Dec. 771, 804 N.E.2d 1066 (2004) (supervisory order).

In compliance with this court's directive, the appellate court reconsidered the confrontation issue and reached a contrary result. 352 Ill.App.3d 867, 288 Ill.Dec. 208, 817 N.E.2d 566. We allowed the State's petition for leave to appeal (177 Ill.2d R. 315(a)), and we now reverse the judgment of the appellate court. The following facts are pertinent to our disposition.

BACKGROUND

Defendant was tried before a jury on May 3, 2000. From the outset, in opening statements, it was made clear to the jury that the contested issue, with respect to the controlled substance charge, was whether the defendant knowingly possessed the cocaine discovered in her vehicle. In his opening statement, the prosecutor outlined the evidence the State expected to present in support of the controlled substance charges. Defense counsel, in his initial remarks to the jury, presented defendant's theory of the case, claiming that defendant had no knowledge of the cocaine found in her car, and that the cocaine belonged to one or both of her passengers. Defense counsel noted that defendant had denied knowledge of the drugs for a considerable time after the drugs were found. He suggested that defendant had only given an inculpatory statement because she was afraid of the male passenger in the car and "because of what she felt were promises by Deputy Hampton" that "it would be better for her and easier for her if she just said the stuff was hers."

With respect to the custody and analysis of the drugs, the prosecutor advised the jury in his opening remarks that there was "an agreement between the State and * * * defense counsel" regarding the testimony of people who handled and tested the drugs found in defendant's car. On four occasions, the prosecutor referred to stipulations concerning that evidence. Defendant was present when the remarks were made. Defense counsel did not object to those references.

The first and only witness called by the State was Henry County sheriff's deputy Glenn Hampton. Hampton testified that he stopped defendant's vehicle in the early morning hours of November 5, 1999, because defendant's vehicle had veered off the roadway. Hampton asked the defendant for her license, registration, and proof of insurance. The defendant produced a driver's license, and Hampton escorted her to his squad car, while the defendant's two passengers remained in her vehicle. Defendant indicated that she thought her license was suspended, and shortly thereafter Hampton received radio confirmation of the suspension. Hampton then placed the defendant under arrest for driving with a suspended license and returned to the defendant's vehicle.

Hampton asked the two passengers to step out of the vehicle, and he proceeded to search the vehicle's interior. Underneath the driver's seat, near the transmission hump, Hampton found a crumpled paper towel, inside of which were 25 individual plastic bags containing a white substance that appeared to be crack cocaine. In the front ashtray, Hampton found a half-burnt marijuana cigarette.

Hampton walked back to his squad car and confronted the defendant with the substances he had recovered from her vehicle. She asked what it was. After Hampton read the defendant her Miranda rights, he told her "we have to discuss this[.] I found this cocaine in your car right next to your feet[.] We need to discuss this." Defendant again indicated she had no idea what the substance was.

Hampton then returned to defendant's vehicle and questioned her passengers. Hampton subsequently advised the defendant that her passengers had denied knowledge of the cocaine. He pressed her again to discuss the matter. Hampton said he then noticed the defendant becoming teary-eyed. According to Hampton, defendant told him she needed money to pay bills and feed her children. She said the two passengers in the car did not know anything about the cocaine, which she had picked up in Chicago.

Hampton transported defendant to the county jail and again read her Miranda rights. Defendant signed a written statement which was consistent with the oral admissions she had made to Hampton. Hampton denied that he had made any promises to defendant to obtain her inculpatory statement.

Under cross-examination, Hampton acknowledged that the defendant's passengers had remained in her vehicle, unattended, when Hampton initially spoke with defendant in his squad car prior to the search of defendant's vehicle.

After Hampton's testimony, the State introduced the defendant's written statement, and an Illinois State Police lab report signed by Denise Hanley, a forensic scientist. Hanley's report was accompanied by an "Affidavit in Lieu of Court Appearance," "provided in accordance with * * * 725 ILCS 5/115-15." The report revealed that "5.4 grams of off-white chunks from five plastic bags" were tested and were found to contain cocaine. Hanley did not test the 7.1 grams in the remaining bags. The State introduced a second report signed by Robert Streight, an employee of the Henry County sheriff's office, indicating that 0.1 gram of plant material submitted to him contained cannabis. Defense counsel indicated he had no objection to admission of the lab reports. Defendant was present when the reports were admitted, and she voiced no dissent.

In her defense, the defendant testified that, in exchange for $100 and gas money, she was transporting the two passengers to Chicago and back to Davenport, Iowa. When Hampton stopped her, she did not know there was cocaine in the car, and she so advised the officer after he found it and confronted her. She said Hampton badgered her into confessing. She indicated that Hampton had informed her if she cooperated the judge would be notified, she would be home with her children the next day, Hampton would not notify the Department of Children and Family Services, and her car would not be towed. In addition, the defendant testified it was only after Hampton threatened to charge her with drug trafficking and possession of a stolen vehicle, and indicated that she would never see her children again, that she admitted knowledge of the drugs. The defendant acknowledged signing the written statement, but testified at trial that the statement was untrue. She maintained that she did not know of any drugs in the car except the marijuana, and she had told the passenger smoking the marijuana to stop.

The defendant was convicted of all counts. At sentencing, the defendant adamantly maintained her innocence. The trial judge indicated that he would have placed the defendant on probation, but that the legislature had stripped him of his discretion to do so. The defendant was sentenced to four years' imprisonment for unlawful possession of a controlled substance with intent to deliver. As noted, the court vacated the unlawful possession of a controlled substance count, gave the defendant credit for time served on the cannabis count, and entered judgment on the conviction for driving while license suspended.

On appeal, the appellate court characterized defendant's...