People v. Starnes

              No. 2--05--0714 Filed: 6-12-07
______________________________________________________________________________
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 Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 04--CF--1170
)
TYWAN M. STARNES, ) Honorable
) John R. Truitt,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE HUTCHINSON delivered the opinion of the court:
After a jury trial, defendant, Tywan M. Starnes, was convicted of unlawfully possessing, with
the intent to deliver, more than 30 grams but not more than 500 grams of a substance containing
cannabis, a Class 3 felony (720 ILCS 550/5(d) (West 2004)). He was sentenced to four years and
six months in prison. After the trial court denied his motion to reconsider the sentence, defendant
appealed. On appeal, he contends that (1) his trial counsel was ineffective for failing to pursue a
hearing or ruling on a motion to suppress evidence; and (2) his sentence is excessive. We affirm.
After defendant was indicted on one count each of unlawful possession of cannabis with the
intent to deliver and unlawful possession of cannabis (720 ILCS 550/4(d) (West 2004)), his attorney
moved to suppress evidence, including a cell phone, cash, and the alleged cannabis, contending that