People v. Sims

Defendant was arrested in conjunction with a traffic stop and charged with one count of possession of cannabis with the intent to deliver. He was found guilty after a stipulated bench trial and sentenced to six years. On appeal, defendant argued that the trial court erred in denying his motion to quash his arrest and suppress evidence, that the trial court erred in denying his motion for discovery, that he was denied the effective assistance of counsel when counsel did not object to testimony from a state trooper, and that the trial court failed to properly consider elements in mitigation during sentencing. The appellate court affirmed, finding that the trial court did not err in finding that the officer had probable cause to search defendant's vehicle, the trial court did not abuse its discretion in denying defendant’s motion for discovery related to racial profiling, that defense counsel was not ineffective for failing to file a motion to suppress that had no merit, and that the trial court properly determined defendant was subject to extended-term sentencing and that the sentence was not unreasonable. (HUTCHINSON and BIRKETT, concurring)