Court of Appeals of Illinois, First District, Sixth Division
from the Circuit Court of Cook County. No. 15 CR 5903
Honorable Michael B. McHale, Judge, presiding.
Attorneys for Appellant: James E. Chadd, Patricia Mysza, and
Ashlee Patterson, of State Appellate Defender's Office,
of Chicago, for appellant.
Attorneys for Appellee: Kimberly M. Foxx, State's
Attorney, of Chicago (Alan J. Spellberg and Douglas P.
Harvath, Assistant State's Attorneys, of counsel), for
JUSTICE delivered the judgment of the court, with opinion.
Presiding Justice Mikva and Justice Connors concurred in the
judgment and opinion.
1 Following a bench trial, defendant Walter Ross was
convicted of being an armed habitual criminal (720 ILCS
5/24-1.7(a) (West 2014)) and sentenced to seven years'
imprisonment. On appeal, defendant argues that his conviction
should be reversed and remanded for a suppression hearing,
because his trial counsel was ineffective for failing to
reinstate a motion to suppress defendant's statement to
the police. For the following reasons, we affirm.
3 Defendant was sentenced on July 29, 2016. He filed his
notice of appeal on the same day. Accordingly, this court has
jurisdiction pursuant to article VI, section 6, of the
Illinois Constitution (Ill. Const. 1970, art. VI, § 6)
and Illinois Supreme Court Rules 603 (eff. Feb. 6, 2013) and
606 (eff. Dec. 11, 2014), governing appeals from a final
judgment of conviction in a criminal case entered below.
5 Defendant was charged with one count of being an armed
habitual criminal, two counts of unlawful use or possession
of a weapon by a felon, and 15 counts of aggravated unlawful
use of a weapon, arising from defendant's possession of a
firearm on March 31, 2015. Defendant was tried only on the
armed habitual criminal count.
6 Prior to trial, defendant filed a motion to suppress
statements he made to the arresting officers, alleging the
statements were made during custodial interrogation and the
arresting officers did not advise defendant of his
Miranda rights prior to questioning. See Miranda
v. Arizona, 384 U.S. 436 (1966). After filing
the motion, defendant retained new counsel, who subsequently
withdrew the motion.
7 At trial, Chicago police officer Antrinius Andrews
testified that on March 31, 2015, he and his partner, Officer
Jose Rivera, were driving in Chicago and observed a dark
green conversion van with a broken taillight. They activated
their vehicle's emergency equipment and followed the van,
which did not stop. The spotlights on the police vehicle
illuminated the inside of the van. Andrews saw the driver and
passenger making "furtive" and "unusual"
movements with their shoulders, which Andrews demonstrated by
"ben[ding] over with his shoulders going down towards-in
a frontwards manner reaching towards *** the floor area of
his feet area." The police vehicle was a sport utility
vehicle, so the officers were elevated and could see into the
back window of the van.
8 While the van was still "in drive" and moving,
both the driver and passenger jumped out, and the van ran
into a parked car. After calling on the radio for assistance,
Andrews gave chase to the driver, Demarko Jones, and caught
him in an alley approximately 30 yards from the squad car.
Andrews had not seen any occupants in the van besides Jones
and the passenger.
9 Once Andrews returned to the van with Jones in custody, he
performed a systematic search in the van area where he had
seen Jones and the passenger "making movements towards
the floor." Andrews found a fully loaded silver revolver
under the front passenger seat of the van and a semiautomatic
black handgun under the driver's seat. Andrews did not
need to move any items or debris under the passenger seat of
the van in order to find the revolver. After Andrews searched
the van, Rivera returned with the passenger, whom Andrews
identified in court as defendant. Andrews identified ...