People v. Orsby
State: Illinois
Court: 2nd District Appellate
Docket No: 2-95-1286
Case Date: 12/30/1996
No. 2--95--1286
_________________________________________________________________
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
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