People v. Collins

(Court opinion corrected 10/8/15.) Defendant was convicted, after jury trial, of possession of controlled substance and possession of a controlled substance with intent to deliver, and was sentenced as a habitual criminal to natural life. Court properly denied Defendant’s motion to quash arrest and suppress evidence, and Defendant cannot show that his sentence is unconstitutional. Conviction for possession of controlled substance is vacated as it is a lesser-included offense of possession with intent to deliver. Evidence at motion to suppress hearing did not show that any conduct of officer unreasonably prolonged encounter. Officer testified that he found Defendant’s explanation of his route illogical, creating additional suspicion. It was reasonable for officer to ask whether Defendant had narcotics in car, upon learning that Defendant was on MSR for possession of cocaine conviction. (PUCHINSKI, concurring; HYMAN, dissenting in part.)