People v. Hilson

230 N.E.3d 730

2023 IL App (5th) 220047

The PEOPLE of the State of Illinois, Plaintiff-Appellee,

v.Demerio M. HILSON, Defendant-Appellant.

No. 5-22-0047

Appellate Court of Illinois, Fifth District.

Filed June 2, 2023

Appeal from the Circuit Court of Champaign County. No, 20-CF-1145, Honorable Roger B. Webber, Judge, presiding.

James E. Chadd, Douglas R. Hoff, and Emily E. Filpi, of State Appellate Defender’s Office, of Chicago, for appellant,

Julia Rietz, State’s Attorney, of Urbana (Patrick Delfino, Edward R. Psenicka, and Pamela S. Wells, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

OPINION

JUSTICE MOORE delivered the judgment of the court, with opinion.

¶ 1 The defendant, Demerio M. Hilson, appeals his conviction and sentence, following a jury trial in the circuit court of Champaign County, for being an armed habitual criminal. For the following reasons, we affirm.

¶ 2 I. BACKGROUND

¶ 3 We recite only those facts necessary for an understanding of our disposition of this appeal. On October 8, 2020, the defendant was charged, by information, with one count of attempted first degree murder, one count of aggravated battery with a firearm, and one count of the offense of being an armed habitual criminal. Count I alleged that on October 4, 2020, the defendant committed the offense of attempted first degree murder when he shot Wyatt Blissit in the leg. Count II alleged that on October 4, 2020, the defendant committed a battery with a firearm against Wyatt Blissit. Count III alleged that on October 7, 2020, the defendant committed the offense of being an armed habitual criminal in that he

"knowingly possessed a firearm, namely a Smith and Wesson 40 caliber pistol, after having previously been convicted of the offense of Manufacture or Delivery of a Controlled Substance, a class 1 felony, in Champaign County cause number 06-CF-1836, and of the offense of Manufacture or Delivery of a Controlled Substance, a class 2 felony, in Champaign County cause number 08-CF-558."

¶ 4 On February 9, 2021, the defendant filed a motion to sever count III, the offense of being an armed habitual criminal, from counts I and II, the offenses involving Wyatt Blissit. The motion to sever was granted, count III was tried alone by a jury, and the defendant’s appeal stems from this charge alone.

¶ 5 On April 19, 2021, selection of the jury for the defendant’s trial began. Opening statements were given on April 20, 2021. Immediately after opening statements were presented, the trial court read the following stipulation to the jury: "That on October 7, 2020, the defendant, Demerio Hilson, was a convicted felon, having been previously convicted of a combination of two or more of the enumerated felonies set forth in 720 ILCS 5/24-1.7."

¶ 6 Testimony began on April 20, 2021. The first witness to testify at the defendant’s jury trial was James Hobson. He testified that he was employed by the Champaign Police Department and had been since 2015. At the time of trial, he was working as a detective with the street crimes task force, but on October 7, 2020, he was working as a uniformed officer in the patrol division.

¶ 7 Hobson testified that on October 7, 2020, at approximately 11:41 p.m. he was on duty, and he observed a black Ford Taurus with its lights off near Northwood Street and McKinley Avenue in Champaign. He testified that he was aware of an ongoing investigation involving a black Ford Taurus that matched the vehicle he observed as well as Demerio Hilson. Hobson testified that after the Ford Taurus pulled into a private driveway, he pulled in behind it and turned on the emergency lights on his squad car. He instructed the occupants of the Ford Taurus to stay in the car while he waited for additional officers to arrive since it was a felony stop. Once additional officers arrived, Hobson instructed the occupants of the vehicle to exit one at a time. Hobson testified that a female was in the front passenger seat, was cooperative, and exited the car after being asked to.

¶ 8 Hobson testified that the defendant was in the driver’s seat of the Ford Taurus. Hobson identified the defendant in court. Hobson testified that the defendant did not exit the car right away. He stated:

"We gave him several commands to step out of the vehicle. He was adamant he didn’t want to get out. He wanted us to approach him, but we didn’t feel that was safe to do so. So after he refused to get out several times, we ended up calling the female out. And then once she was out and detained in handcuffs, we then called him out again, and this time he eventually did comply and get out."

The defendant was detained after he exited the car, and other officers performed a cursory search of the vehicle.

¶ 9 Hobson testified that Officer Nathanael Epling asked him to look under the driver’s seat of the vehicle. Hobson observed a black handgun directly underneath the driver’s seat, and he photographed it. Additionally, he photographed the car and the scene. Hobson was shown People’s exhibits A1 through A14, which he identified as the photographs he took, and he testified that they fairly and accurately depicted the black Ford Taurus, including the interior and the gun located inside. The photographs were admitted into evidence, without objection, and published to the jury. While the photographs were being shown to the jury, Hobson testified as follows regarding the exhibits. He testified that exhibit A1 showed the black Ford Taurus that he pulled over in the driveway. The other car that was next to it was already parked in the driveway, and it was unoccupied. Exhibits A2, A3, A4, and A5 showed the same car from different angles. Exhibit A6 showed the driver’s seat of the Ford Taurus. Exhibit A7 showed the back row of seats of the Ford Taurus. Exhibit A8 showed the front passenger seat of the Ford Taurus where the female had been seated. It also showed the center console, which was a solid piece of plastic, which prevented access to beneath the driver’s seat from the passenger side. Exhibit A9 showed a close-up of the driver’s seat and that it was a power seat that used an electric motor and controls to adjust the seat. Exhibit A10 also showed a close-up of the driver’s seat and controls. It also showed that there is no access from the rear passenger compartment to the area under the driver’s seat. Exhibit A11 showed the area under the driver’s seat that Hobson described as a "void." A11 showed the void, looking from the front of the driver’s seat to the back underneath the seat, and the black handgun. Hobson testified the handgun had not been moved prior to taking the photograph.

¶ 10 Hobson testified that it was his responsibility to enter the handgun into evidence. He testified that to enter the handgun into evidence he first photographed it, then he collected it, and then he processed it for DNA evidence. He testified to process it for DNA he took the following steps:

"So I use sterile cotton swabs. I use three of them. I have a small container, a plastic container that contains distilled water. I would wet each of the cotton swabs. And then with each swab, I would swab a different area of the handgun. Use one swab to swab the butt of the magazine. I would use a second swab to swab the grip of the handgun. And then the third swab, I would swab the front and rear sight as well as the slide and the trigger."

Hobson testified that he put on rubber latex gloves after taking the photographs and then removed the handgun and "swabbed the gun for DNA at the driver’s side of the vehicle." He then placed the swabs into separate cardboard boxes, which then go into paper evidence bags, and then those are sent off to the state police lab.

¶ 11 Hobson testified that exhibit A12 showed the handgun that was located under the driver’s seat and identified it as a Smith & Wesson, SD40, a .40-caliber handgun. He testified that it was loaded with a round in the chamber and a loaded magazine inserted into it. He was shown exhibit A13, which showed the cardboard gun box that the handgun was placed into to preserve it and send it to the lab. Exhibit A14 showed the outside of the cardboard gun box that was used to send the recovered handgun to the Illinois State Police Forensic Science Laboratory. Hobson was shown People’s exhibit G, which he identified as the actual box that he sent the handgun in to the state police lab and the submission sticker with his name on it. He testified that the box looked the same as the photograph he had viewed. Hobson opened the box, viewed the handgun, and testified that it was in substantially the same condition at the time of trial as when he located it under the seat on October 7, 2020. Exhibit G was admitted into evidence, and Hobson showed it to the jury. He testified that the handgun was under the seat with the handle towards the front of the seat and the barrel facing away from the steering wheel. Hobson testified this was the extent of his role in the investigation.

¶ 12 On cross-examination, Hobson testified that he was wearing a body camera on October 7, 2020, and he activated it once he realized it was not turned on. He testified that he believed he turned on the body camera after the occupants of the vehicle had been detained in handcuffs.

¶ 13 Hobson testified that when he exited his squad car, he drew his duty weapon and had it in the high ready position, which involves holding the weapon high, but pointed down so that it is not pointed at anyone. At this time, he was approximately 20 feet from the defendant, and he was able to talk to him by raising his voice. Hobson wanted the defendant to exit the vehicle, and the defendant wanted Hobson to come to the car.

¶ 14 Hobson testified that an Illinois temporary registration was displayed on the rear of the vehicle. He testified that he ran the registration at some point, but he did not recall who it came back to as the owner.

¶ 15 The front seat passenger, Tylor Lattimore,...