People v. Wheat

              No. 2--06--0888 Filed: 6-2-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Stephenson County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--346
)
KEVIN W. WHEAT, ) Honorable
) Charles R. Hartman,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE BOWMAN delivered the opinion of the court:
Following a jury trial, defendant, Kevin W. Wheat, was convicted of possession with intent
to deliver more than 100 but less than 400 grams of cocaine (720 ILCS 570/401(a)(2)(B) (West
2002)). He was sentenced to 16 years' imprisonment. On appeal, defendant argues that: (1) the trial
court erred by denying his motion to quash a search warrant and suppress evidence; (2) the trial court
erred by responding to a jury question asking for a definition of "reasonable doubt"; (3) the trial court
erred by refusing defendant's request to poll the jury; and (4) he is entitled to a credit of $1,430
against his fines. We affirm in part, reverse in part, and remand for a new trial.
I. BACKGROUND
The background material in section I is nonpublishable under Supreme Court Rule 23.
[The following material is nonpublishable under Supreme Court Rule 23.]