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Laws-info.com » Cases » Illinois » 4th District Appellate » 2011 » People v. Tyus
People v. Tyus
State: Illinois
Court: Illinois Southern District Court
Docket No: 4100168
Case Date: 10/28/2011
Plaintiff: People
Defendant: Tyus
Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People v. Tyus, 2011 IL App (4th) 100168

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RYAN TYUS, Defendant-Appellant.

District & No.

Fourth District Docket No. 4-10-0168 October 28, 2011 Defendant's convictions for controlled substance trafficking and criminal drug conspiracy were upheld over his contentions that the trial court erred in denying his motion to suppress based on the detention of a package, that his counsel was ineffective in failing to move to suppress evidence seized from his truck following his arrest, and that his 25-year sentence was erroneous, since the police had a legitimate basis to detain the package beyond the scheduled delivery time, the police were acting in reasonable reliance on the law in effect at the time of defendant's arrest when the search of his truck was substantially contemporaneous with his arrest, and defendant forfeited his argument against his sentence by failing to file a postsentence motion challenging the sentence. Appeal from the Circuit Court of Macon County, No. 07-CF-1144; the Hon. Katherine M. McCarthy, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment

Affirmed.

Counsel on Appeal

Michael J. Pelletier, Karen Munoz, and Colleen Morgan, all of State Appellate Defender's Office, of Springfield, for appellant. Jack Ahola, State's Attorney, of Decatur (Patrick Delfino, Robert J. Biderman, and Aimee Sipes Johnson, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Panel

JUSTICE STEIGMANN delivered the judgment of the court, with opinion. Justices McCullough and Cook concurred in the judgment and opinion.

OPINION
Download 4100168.pdf

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