People v. Orsby
Case Date: 12/30/1996
Court: 2nd District Appellate
Docket No: 2-95-1286
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_________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT _________________________________________________________________ THE PEOPLE OF THE STATE OF ) Appeal from the Circuit Court ILLINOIS, ) of Lake County. ) Plaintiff-Appellee, ) ) v. ) No. 95--CF--167 ) JESSIE J. ORSBY, JR., ) Honorable ) Henry C. Tonigan III, Defendant-Appellant. ) Judge, Presiding. _________________________________________________________________ JUSTICE RATHJE delivered the opinion of the court: Following a jury trial, the defendant, Jessie J. Orsby, Jr., was found guilty of the offenses of unlawful possession of a controlled substance, unlawful possession of a controlled substance with intent to deliver, and armed violence. The trial court imposed concurrent sentences of 20 years' imprisonment on the offense of unlawful possession of a controlled substance with intent to deliver and 10 years' imprisonment on the offense of armed violence. No conviction was entered and no sentence was imposed on the possession offense. The defendant appeals. On appeal, the defendant raises the following issues: (1) whether the stop and search of his vehicle violated his rights under the fourth amendment; (2) whether the trial court's denial of his motion for production of the informant and an in camera inspection of certain police records pertaining to the defendant and the informant violated his rights under the sixth amendment; (3) whether the defendant was proved guilty of armed violence beyond a reasonable doubt; (4) whether the strip search of the defendant violated his rights under the fourth amendment and article 1 of the Illinois Constitution; (5) whether the defendant was denied the effective assistance of counsel; and (6) whether the defendant's sentence is excessive. The State also raises an issue as to whether the defendant was properly sentenced for the offense of armed violence. We affirm the defendant's convictions but vacate his sentence and remand for a new sentencing hearing. On January 18, 1995, Trent Robinson and Morris Wade, officers with the narcotics division of the North Chicago police department's anti-crime unit, were on duty, driving an unmarked police vehicle. It is not disputed that the defendant had been a target of an ongoing narcotics investigation being conducted by these officers. Officer Robinson had utilized a confidential informant to execute controlled narcotics buys from the defendant. One such buy had occurred earlier on January 18, 1995. At approximately 7:15 p.m., Officers Robinson and Wade recognized the defendant driving a green Chevrolet automobile. The officers proceeded to follow the defendant's vehicle. After following the defendant for 2 |