People v. Bailey

              No. 2--05--1260 Filed: 9-6-07
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
______________________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Winnebago County.
)
Plaintiff-Appellee, ))
v. ) No. 05--CF--2094
)
GEORGE K. BAILEY, ) Honorable
) J. Edward Prochaska,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE O'MALLEY delivered the opinion of the court:
Defendant, George Bailey, appeals from his conviction of possession of a controlled
substance with intent to deliver. On appeal, defendant argues that his trial counsel was ineffective
for failing to file a motion to quash his arrest and suppress evidence found pursuant to a search of
the vehicle in which defendant was riding just before his arrest. For the reasons that follow, we
affirm.
Defendant was charged in connection with an incident in which police, who arrested
defendant after learning during a vehicle stop that defendant had an outstanding arrest warrant,
searched the car in which defendant had been riding and discovered a substance alleged to have
contained cocaine.
During an October 14, 2005, pretrial conference, the following conversation took place
between defense counsel, the trial court, and defendant: