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People v. Redmond4/18/2005
Defendant, Lorenzo Redmond, appeals his burglary conviction, arguing that (1) defendant was denied his right to a fair and impartial jury when the trial court did not strike a juror who failed to disclose a prior criminal charge for cause or, in the alternative, he was denied effective assistance of counsel when his counsel failed to exercise a peremptory challenge to remove the juror; (2) defendant was eligible to elect substance abuse treatment in lieu of incarceration and the trial court erred in failing to inform defendant of such any election; and (3) the statute authorizing the compulsory extraction and perpetual storage of the DNA of felons violated defendant's fourth amendment rights.
The following evidence was admitted at defendant's October 2003 jury trial.
Officer Vincent Avery testified that he is employed with the intelligence unit of the Chicago police department and also on the counter-terrorism team. The intelligence unit does surveillance in different forms for different departments within the Chicago police department. On July 13, 2003, Officer Avery was assigned to counter-terrorism for an event at McCormick Place. He and his partner were in plain clothes and drove an unmarked car.
At approximately 12:40 p.m., Officer Avery was driving down 23rd Street from Indiana Street. He saw an individual identified as defendant standing down the street and looking around as though defendant was waiting for a bus or something. However, Officer Avery noticed that there was no bus stop at that corner. Officer Avery and his partner drove around the block. The second time, Officer Avery saw defendant in a vehicle that they had observed on their first pass of the street. Defendant was on the passenger side with half of his body in the vehicle. Officer Avery identified the vehicle as a blue Chevy Blazer. He saw defendant's head through the window. On the first pass down the street, Officer Avery noticed that all of the windows were intact on the Blazer, but this time he saw that the passenger front window was broken.
As Officer Avery approached the rear of the Blazer, defendant ran past the car. Officer Avery yelled "police," but defendant continued running and Officer Avery ran after him. Officer Avery eventually detained defendant at 24th and Michigan. At one point during the chase, Officer Avery dropped his weapon and asked a citizen to drive him in the direction of defendant. Officer Avery stated that he did not lose sight of defendant. When he stopped defendant, defendant threw change to the ground. Officer Avery later learned that the owner of the Blazer was Michael Budil.
Michael Budil testified that on July 13, 2003, he drove into Chicago to attend the All Star Fan Fest at McCormick Place with his son, nephew and stepson. He drove a 1999 blue Chevy Blazer. He parked his car on the street at Indiana Street and 23rd Street. While he was at McCormick Place, Budil received a phone call from a Chicago police officer. He left with the kids and returned to his car. When Budil reached his car, he saw that the passenger-side window was broken. The window was not broken when Budil parked the car. Budil also noticed that some compact disks (CDs) were "disheveled" and he was missing coins from a slot between the front seats. Budil had about $5 or $6 in coins at the time. Budil stated that he had never seen defendant before that day, and defendant did not have permission to be in Budil's car.
The jury found defendant guilty of burglary. At the sentencing hearing, the trial court noted that, based upon prior felony convictions, "defendant is a Class X mandate" and then sentenced him to nine years' imprisonment. This appeal followed.
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