People v. Rhodes

              No. 2--07--0619 Filed: 11-13-08
______________________________________________________________________________
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 Ogle County.
)
Plaintiff-Appellee, ))
v. ) No. 06--CF--73
)
DERRICK L. RHODES, ) Honorable
) Michael T. Mallon,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
After a jury trial, defendant, Derrick L. Rhodes, was convicted of one count of possession
of a substance containing cannabis with the intent to deliver (720 ILCS 550/5(d) (West 2006)). The
trial court sentenced defendant to five years' imprisonment and the payment of various fines and
costs. After the court denied defendant's postjudgment motion, he appealed. On appeal, defendant
argues that (1) his trial counsel was ineffective for failing to request a jury instruction on simple
possession (720 ILCS 550/4(d) (West 2006)); (2) his trial counsel was ineffective for failing to
object to evidence that defendant exercised his constitutional rights and evidence that defendant was
on parole when he was arrested; and (3) he is entitled to a credit, applied against his fines, for time
in custody before sentencing. We affirm the judgment as modified.
The State's first witness, Mark Lindmen, testified as follows. He was a parole agent for the
Department of Corrections. On May 12, 2006, he was defendant's parole officer and had visited