People v. Fountain 

Illinois Appellate Court
Criminal Court
Voir Dire
Citation
Case Number: 
2011 IL App (1st) 083459-B
Decision Date: 
Friday, December 23, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
GARCIA
(Court opinion of 2/11/11 vacated and reconsidered.) Defendant was convicted, after jury trial, of possession of heroin with intent to deliver. Even though forensic chemist did not expressly testify to having individually tested each foil packet alleged to contain heroin, jury could have reasonably inferred from evidence that each was chemically tested to find Defendant guilty beyond a reasonable doubt of possession with intent to deliver 1.3 grams of heroin, as she testified that she weighed each of the nine packets separately. Court did not commit reversible error under Rule 431(b) when asking venire if they had "a problem with" or "disagreed with" the four principles of the Rule. Although court used plain talk rather than literal compliance with the Rule, defense counsel was free to inquire directly of venire to ensure that only "fair and impartial" jurors were selected. DNA analysis fee can be imposed only where Defendant is not currently registered in DNA database. (McBRIDE and R.E. GORDON, concurring.)