People v. Urbina

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-0546 & 2-07-0607 Cons. Rel

Case Date: 08/20/2009

Preview:Nos. 2--07--0546 & 2--07--0607 cons. Filed: 8-20-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of McHenry County. ) Plaintiff-Appellee, ) ) v. ) No. 06--CF--310 ) LISA A. URBINA, ) Honorable ) Sharon L. Prather, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the Circuit Court ) of McHenry County. ) Plaintiff-Appellee, ) ) v. ) No. 06--CF--306 ) ALEX J. FAHEY, ) Honorable ) Sharon L. Prather, Defendant-Appellant. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: In this consolidated appeal, defendants, Lisa A. Urbina and Alex J. Fahey, appeal their convictions of possession of a controlled substance with intent to deliver (720 ILCS 570/401(a)(2)(B) (West 2006)) and sentences of eight years' imprisonment. On appeal, both defendants argue that the trial court erred by denying their motions to quash a search warrant and suppress the evidence seized by police during the search. Specifically, they aver that the police officers violated their fourth

Nos. 2--07--0546 & 2--07--0607 cons. amendment rights by executing the search warrant at an apartment that was not listed on the warrant. We reverse. Initially, we note that, in connection with the same set of facts, defendants were also charged in federal court with conspiracy to distribute five kilograms or more of cocaine (21 U.S.C.

Download People v. Urbina.pdf