People v. Flores

2021 IL App (1st) 210058-U No. 1-21-0058 Order filed December 3, 2021 Fifth Division NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ______________________________________________________________________________ THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from the ) Circuit Court of Plaintiff-Appellee, ) Cook County. ) v. ) No. 10 CR 11391 ) FERNANDO FLORES, ) Honorable ) Pamela M. Leeming, Defendant-Appellant. ) Judge, presiding. JUSTICE CONNORS delivered the judgment of the court. Presiding Justice Delort and Justice Cunningham concurred in the judgment. ORDER ¶1 Held: The circuit court’s grant of the State’s motion to dismiss defendant’s postconviction petition is affirmed because he lacked standing. ¶2 Defendant Fernando Flores appeals from the circuit court’s grant of the State’s motion to dismiss his petition pursuant to the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 et seq. (West 2016)) at the second stage of proceedings, arguing that the petition made a substantial No. 1-21-0058 showing that his trial counsel was ineffective for not informing him of the immigration consequences of his stipulated bench trial. We affirm. ¶3 Defendant was arrested on May 3, 2010, and charged by indictment with unlawful possession of 500 to 2000 grams of cannabis (720 ILCS 550/4(e) (West 2010)) and possession of 500 to 2000 grams of cannabis with intent to deliver (720 ILCS 550/5(e) (West 2010)). ¶4 Before trial, defendant filed a motion to quash arrest and suppress evidence, arguing that his detention, arrest, and the resulting search of his home and seizure of “certain property” were illegal. At a hearing on this motion on September 8, 2011, defendant testified that he was a “resident” of the United States and was “currently applying for citizenship.” In March 2010, he rented a room in the basement of his parents’ house on the 1600 block of South 50th Court in Cicero, Illinois, from which he conducted his t-shirt business. Only defendant had keys to a bedroom in the basement, but his parents had keys to the basement itself. ¶5 On March 3, 2010, police officers curbed his vehicle and informed him he had driven the wrong way on a one-way street, which defendant disputed during his testimony, though he admitted the officers ticketed him for this offense. During the traffic stop, Officer Vincent Acevez searched defendant’s vehicle. The officers then arrested defendant and transported him to the police station without informing him why or whether he was officially under arrest. At the police station, the officers showed defendant personal items he kept in the basement bedroom, which suggested to him the officers had already gained access to that room. At this point, defendant consented to a search of the basement. At no time during the traffic stop did the officers say they smelled burnt cannabis, nor did defendant admit to possessing cannabis. -2- No. 1-21-0058 ¶6 Acevez testified that he and his partner witnessed defendant travel the wrong …

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