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People v. Morrison

August 14, 2007; as amended August 28, 2007

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,
v.
PHILLIP MORRISON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County. Honorable Victoria Stewart, Judge Presiding.

The opinion of the court was delivered by: Justice South

Published opinion

This appeal arises from the conviction of defendant, Phillip Morrison, of possession of a controlled substance following a bench trial. Defendant was sentenced to two years in prison and ordered to pay $1,274 in various fees and fines.*fn1

The testimony presented at trial was brief. Officer Prieto testified that on the evening of April 12, 2004, he was on routine patrol in a marked police vehicle in the vicinity of 6844 South Ada Street. Around 10:40 p.m., he observed defendant engaged in an argument with another man in the middle of the street. He approached defendant for a field interview and learned his name. Officer Prieto ran a name check from his police car, discovered an outstanding warrant for defendant's arrest on a conditional discharge violation, and placed him under arrest. He performed a custodial search at the scene and recovered a plastic pill bottle containing suspected crack cocaine, which he inventoried. On cross-examination, he denied defendant voluntarily surrendered the bottle.

The parties entered into a stipulation as to the chain of custody of the pill bottle inventoried by Officer Prieto and that it contained less than 0.1 grams of cocaine.

Defendant testified that before his arrest he had been on a Chicago Transit Authority bus where he found a pill capsule bottle. He did not know what was inside the bottle and never opened it. After exiting the bus, he walked about a half a block before being approached by Officer Prieto. At that time, he gave the pill bottle to Officer Prieto.

In rebuttal, the State introduced evidence of defendant's three prior convictions for possession of a controlled substance.

The trial court found defendant guilty of possession of a controlled substance and sentenced him to two years in prison. The trial court entered a separate order "assessing fines, fees, and costs" with the following boxes marked:

" Costs and Fees

Felony Complaint Filed-Clerk - *** $190

Felony Complaint Conviction - State's Attorney *** $60

Preliminary Hearing - State's Attorney *** $20

***

State DNA ID System- Felony Offenses Only *** $200

Violent Crime Victim Assistance *** $20 ***

Criminal/Traffic Conviction Surcharge-Additional Penalty *** $4

Automation - Clerk - *** $5

Document Storage - Clerk - *** $5

Court Services - Sheriff - ...


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