People v. Wells

2017 IL App (4th) 150506-U

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. STEPHEN M. WELLS, Defendant-Appellant.

NO. 4-15-0506

APPELLATE COURT OF ILLINOIS FOURTH DISTRICT

Modified upon denial of Rehearing March 12, 2018

December 6, 2017

NOTICE

This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

Appeal from Circuit Court of Champaign County

No. 14CF1124

Honorable Heidi N. Ladd, Judge Presiding.

JUSTICE HOLDER WHITE delivered the judgment of the court.

Justices Appleton and DeArmond concurred in the judgment.

ORDER

¶ 1 Held: The appellate court (1) affirmed the trial court's judgment as to counts I to IV, VII, and VIII, and (2) remanded for further proceedings regarding sentence credit and fines consistent with this order.

¶ 2 In March and April 2015, the State tried defendant, Stephen M. Wells, on seven counts of unlawful delivery of a controlled substance (720 ILCS 570/401(d) (West 2014)), and one count of unlawful possession with intent to deliver a controlled substance (720 ILCS 570/401(c)(2) (West 2014)). The jury found defendant guilty of all eight counts. The trial court sentenced defendant to concurrent terms of 30 years' imprisonment on each of the eight counts.

¶ 3 Defendant appeals, arguing (1) the State failed to prove him guilty beyond a reasonable doubt on six of the eight counts; (2) the trial court abused its discretion in repeatedly admitting irrelevant and highly prejudicial evidence of other crimes; (3) he is owed nine additional days of sentencing credit; and (4) the supplemental sentencing order must be corrected to comport with the court's oral sentencing pronouncement. We affirmed in part, vacated in part, and remanded for further proceedings. On December 27, 2017, defendant filed a petition for rehearing pursuant to Illinois Supreme Court Rule 367 (eff. July 1, 2017). We now modify our decision upon denial of defendant's petition for rehearing. For the reasons set forth below, we affirm in part, vacate in part, and remand for further proceedings consistent with this order.

¶ 4 I. BACKGROUND

¶ 5 In August 2014, the State charged defendant with numerous counts of unlawful delivery of a controlled substance (720 ILCS 570/401(d) (West 2014)) for incidents occurring on (1) May 23, 2014 (count I); (2) June 5, 2014 (count II); (3) June 6, 2014 (count III); (4) July 11, 2014 (count IV); (5) July 18, 2014 (count V); and (6) August 6, 2014 (count VI). The State also charged defendant with unlawful possession with intent to deliver a controlled substance on August 14, 2014 (720 ILCS 570/401(c)(2) (West 2014)) (count VII). In February 2015, the State charged defendant with unlawful delivery of a controlled substance on June 9, 2014 (count VIII).

¶ 6 A. Trial

¶ 7 In March 2015, the matter proceeded to trial and the jury heard the following evidence.

¶ 8 1. Testimony Regarding Counts I-VI, VIII

¶ 9 a. Marshall Henry

¶ 10 Marshall Henry, a Champaign police officer, testified he was part of the community action team, which focuses on narcotic cases. In May 2014, Henry was patrolling the 1200 block of Joann Lane when he initiated a traffic stop against Ashley Dawson. Henry obtained Dawson's consent to search the vehicle.

¶ 11 While searching the vehicle, Henry discovered cocaine on the floorboard. Dawson admitted she used cocaine and some must have dropped onto the floorboard. Henry further discussed Dawson's cocaine use, with the intention of recruiting her as a confidential informant. According to Henry, it was common for officers to approach users of controlled substances to see if they would provide information about the dealer of the controlled substance. Dawson agreed to be a confidential informant and provided Henry with the name of the person from whom she was purchasing cocaine. Henry testified Dawson knew the person on the 1200 block of Joann Lane she bought cocaine from by the street name "B." Henry subsequently linked the name "B" with defendant. According to Henry, he later obtained defendant's driver's license, which listed his address as 1219 Joann Lane.

¶ 12 On May 23, 2014 (count I), Henry used Dawson to conduct a controlled buy. Prior to the controlled buy, a search revealed Dawson had no illegal drugs, weapons, or currency. According to Henry, he recorded the serial numbers on bills totaling $100 from the police department's controlled-buy fund and gave the money to Dawson. Dawson made a phone call and then traveled in her own vehicle to the 1200 block of Joann Lane with officers following her. After the transaction, Henry followed Dawson to the predetermined meeting location. Henry searched Dawson and found a small chunk of what appeared to be crack cocaine. Dawson no longer had the $100 she was provided. The Illinois State Police Crime Lab later determined the substance was 0.8 grams of cocaine.

¶ 13 Henry testified to substantially the same process for controlled buys on (1) June 5, 2014 (count II) (0.4 grams); (2) June 6, 2014 (count III) (0.6 grams); (3) July 11, 2014 (0.4 grams) (count IV); (4) July 18, 2014 (0.3 grams) (count V); and (5) August 6, 2014 (0.3 grams) (count VI)¶ 14 During some of the controlled buys, Dawson drove a Champaign police department vehicle equipped with video recording cameras. According to Henry, Dawson was paid either $40 or $60 following some of the controlled buys.

¶ 15 The parties agreed to admit two video recordings by stipulation and the jury watched video recordings of the July 18, 2014, and August 6, 2014, controlled buys. Video stills from both videos were also admitted into evidence.

¶ 16 During his investigation, Henry received information that defendant called Ebonie Williams and told her the police had missed some money during a search of his residence. Henry met with Williams and discussed the information he received about Williams removing some money from defendant's residence. Following that discussion, Williams accompanied Henry to a location where she said the currency was located. Henry then seized the currency, which included two $50 bills with serial numbers matching those on money provided to Dawson for the July 11, 2014, controlled buy.

¶ 17 b. Ashley Dawson

¶ 18 Ashley Dawson testified, on May 1, 2014, she was pulled over after leaving "B's" house. According to Dawson, the officer who pulled her over found crack cocaine after searching her vehicle. Dawson began using cocaine sometime in May 2013 and considered herself addicted to cocaine at the time of the traffic stop. However, Dawson testified she stopped using cocaine in Fall 2014, without going through a treatment program. Over objection, the State asked Dawson who she got her cocaine from and if she got it from one person or more than one person. Dawson stated she got the cocaine from "B."

¶ 19 After the May 2014 traffic stop, Dawson agreed to become a confidential source. Dawson testified she completed seven controlled buys and was paid $260 during the time sheworked as a confidential informant. On May 23, 2014, Dawson participated in a controlled buy with Champaign police officers. After meeting the officers, Dawson called defendant to arrange to purchase cocaine. When asked by the State, Dawson provided defendant's telephone number. The following exchange occurred:

"Q. [ASSISTANT STATE'S ATTORNEY:] And, how did you know to call that number to reach the [d]efendant?

A. He gave it to me.

Q. And, why did he give you that number?

A. So I could buy—

MR. LERNER [(defense attorney)]: Objection. Calls for her to speculate as to his state of mind.

MR. CLIFTON [(assistant State's Attorney)]: I can rephrase the question, your Honor.

THE COURT: I'll allow you to rephrase.

MR. CLIFTON: When the [d]efendant gave you that number, did he tell you what you could use that number to do?

A. Yes.

Q. What did he tell you you could use that number to do?

A. I could buy crack cocaine from him.

Q. Now, when you spoke to the [d]efendant on the phone that day, had you ever spoken to him on the phone before?

A. Yes.

Q. And, had you ever spoken to him in person before?

A. Yes.

Q. How many times would you estimate before May 23rd that you had spoken to the [d]efendant on the phone?

A. Numerous times—

MR. LERNER: —I'm going to object, your Honor.

THE COURT: Overruled.

MR. CLIFTON: I'm sorry, what was your answer, ma'am?

A. Numerous times.

Q. And how many times would you say you had spoken to him in person prior to May 23rd of last year?

MR. LERNER: I would renew my objection.

THE COURT: I'll overrule.

THE WITNESS: Numerous times.

MR. CLIFTON: Had you spoken to him enough times on the phone and in person that you were able to recognize his voice on the phone?

A. Yes.

Q. And so, when you called him are you certain that the person who answered was the [d]efendant?

A. Yes."

According to Dawson, she arranged to meet defendant at his house to purchase one gram of crack cocaine for $100. When Dawson arrived at defendant's house, he came out to her vehicle,took the $100, and gave her what appeared to be crack cocaine. Dawson testified she then met Officer Henry at the prearranged location and gave him the cocaine.

¶ 20 On June 5, 2014, Dawson participated in a second controlled buy. Dawson called the same phone number and defendant answered and told her to meet at his house. When Dawson arrived, defendant's friend, whose name she did not know, got into her car and told her to drive down the block. As she drove, Dawson gave defendant's friend $100 and he gave her what appeared to be one gram of crack cocaine. Dawson testified she let the man out of the vehicle and then met Officer Henry at the prearranged location and gave him the cocaine.

¶ 21 On June 6, 2014, Dawson again arranged a controlled buy. According to Dawson, she called the same phone number; defendant answered and told her to meet him at Arrowhead Lanes. When she arrived at Arrowhead Lanes, defendant called and told her to meet him at his house. When Dawson arrived at Joann Lane, def...