People v. Shorty

(Court opinion issued pursuant to supervisory order of 1/26/11 for reconsideration of 8/19/10 opinion.) Jury found Defendant guilty of unlawful possession of heroin and possession with intent to deliver heroin. Court improperly allowed State to present hearsay evidence as to confidential informant having told officer that Defendant would be going to Chicago to pick up a large quantity of heroin and would return in a certain vehicle. That information was far beyond that necessary to explain officer's presence at certain location for surveillance, and limiting instruction did not cure error as it was not specific as to all hearsay statements. Error was harmless given that officer testified that he saw Defendant holding a purple cloth bag containing heroin, a scale, and a sleep aid used for cutting heroin. Not plain error for court to have not questioned one juror as to his acceptance of Zehr principles per Rule 431, as the entire venire was properly admonished as to the principles, evidence was not closely balanced, and Defendant failed to show that error resulted in biased jury. (CARTER and LYTTON, concurring.)