People v. Givens 

(Modified upon denial of rehearing 5/24/10.) Defendant convicted of possession of intent to deliver after police entered bedroom where Defendant was staying as overnight guest, and found 21 small bags of crack cocaine, razor blade, and $355 cash on nightstand within arm's reach of Defendant. Court erred in sua sponte considering whether trial counsel was ineffective in not arguing that leaseholder of apartment lacked authority to consent to search of bedroom, where issue was not raised by parties and issue was not controlled by clear precedent. Defendant was not denied effective assistance of counsel by her counsel withdrawing motion to suppress, where court resolved credibility of witnesses in favor of State. Upon remand, appellate court is to consider Defendant's remaining contention as to chain of custody.